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(영문) 수원지방법원 2020.01.31 2019노6475
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error) by the Prosecutor, the fact that the Defendant, while making a dispute with the victim, did assault the victim's body by taking the victim's hand and by pushing the victim's body on the part of the ship can be fully acknowledged.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was not guilty of the facts charged in this case is just and just, and since the court below did not submit new evidence corresponding to the facts charged in this case at the trial, it does not seem that there was an error of law by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment, on the ground that it is difficult to conclude that the evidence of this case alone, based on the judgment of the court below, was used to take the victim's grandchildren and use the victim's body by force

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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