폭행
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (fact-finding) the victim’s statement and photographs, etc., the court below erred by misapprehending the fact that the Defendant committed an assault against the victim as stated in the facts charged in this case. Thus, the court below acquitted the victim on the ground that the facts charged in this case
2. Judgment on the prosecutor's assertion of mistake of facts
A. The lower court determined that the facts charged of the instant case constitute a case where there is no proof of the crime, comprehensively taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (a) the victim’s statement as evidence consistent with the facts charged of the instant case; (b) the victim’s face was not taken; (c) the victim’s face was not taken; and (d) the victim stated that the investigative agency issued a written diagnosis of injury to the victim; (c) the victim did not specifically state the circumstance that the victim exceeded the time limit, in light of the fact that the victim did not specifically state the victim’s statement in the court; and (d) the victim did not specifically state the circumstance that the victim exceeded the time limit; and (c) the Defendant reported to the police and became aware of the occurrence of the instant case.
B. In addition to the above circumstances acknowledged by the court below, the contents of F’s legal statement duly adopted and investigated by the court below, namely, ① the police officer F dispatched to the site of this case upon receiving the Defendant’s report at the time when the police officer F sent out to the site of this case arrive at the site, and the above F is deemed the fact that the Defendant assaulted the victim.