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(영문) 서울동부지방법원 2017.08.18 2017노30
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts), the evidence of this case, in particular the victim's statement and the statement of the diagnosis of injury, the court below rejected the probative value of the above evidence and acquitted the defendant by misunderstanding the fact.

2. Amendments to Bill of Indictment (additional charges);

A. A. A prosecutor has reached the trial for the first time, while maintaining the facts charged as to the injury which was found not guilty at the court below, and filed an application for changes in indictment with the court below to add the facts charged as to the assault as referred to in paragraph (1) as a preliminary measure, and the party members allowed the application, thereby adding them

The grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added by a party member are examined in order.

B. On May 24, 2015, at the E hospital operated in Gangdong-gu Seoul Metropolitan Government on May 24, 2015, the Defendant assaulted the victim with his fingers by getting off the elevator along with the victim and getting off the elevator to the first floor, and having the victim get out of the right side of the victim with his fingers.

3. Determination

A. In light of the records, a thorough examination of the reasoning for appeal as to the primary facts charged, and the evidence duly admitted and examined by the court below in light of the records, the court below rejected the credibility of the victim's statement and the remaining evidence alone was proved without reasonable doubt.

It is difficult to see

The judgment of the court below that found the above facts charged not guilty is just and acceptable, and since no new evidence corresponding to the facts charged was submitted in the trial, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor in the judgment of the court below.

It does not seem that it does not appear.

(b) preliminary.

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