상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal from the investigative agency to the court of law is consistent with the victim E's statement from the investigative agency, and it is difficult to view that the witness G and H's statement in the court of original instance are also inconsistent with the victim's statement. The other witness I's statement in the court of original instance is not reliable in terms of the personal relationship with the defendant.
Therefore, the facts charged of the instant case can be acknowledged that the Defendant inflicted an injury upon the victim for approximately 14 days in need of treatment.
The judgment of the court below which acquitted the Defendant of the facts charged in this case on the ground that the credibility of the victim's statement was rejected and the remaining evidence alone is insufficient to recognize the facts charged.
2. In light of the reasoning of the judgment below, the court below determined that the victim E’s statement that corresponds to the facts charged of this case is difficult to believe, the injury diagnosis report alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it otherwise.
In light of the evidence duly adopted and investigated by the court below, the court below did not have any evidence additionally submitted in relation to the facts charged of this case at the court below, and closely examined the above judgment by the court below in light of the court below's evidence, it is just and acceptable to find the defendant guilty on the facts charged of this case, and there is an error of law by misunderstanding facts and affecting
It does not appear.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.