상해
The prosecutor's appeal is dismissed.
1. According to the victim's statement and the written diagnosis of injury, etc. of the summary of the grounds for appeal, although the defendant sufficiently recognized the fact that the injured person was injured as stated in the facts charged, the court below found the defendant not guilty, and there is an error of law by misunderstanding the
2. A prosecutor of Amendments to Bill of Indictment (in addition to Preliminary Prosecution) maintains the facts charged with the previous injury which the court below found not guilty as charged as the primary charge and maintains the following:
4. As described in paragraph (a), an application for amendment to a bill of amendment was filed to add the facts charged of the crime of assault to the ancillary charges, and this Court permitted this to be added to the judgment.
The reasons for appeal against the primary facts charged by the prosecutor and the preliminary facts added in the trial of the party are examined in order.
3. Judgment on the prosecutor's assertion of the primary facts charged
A. On May 7, 2017, the Defendant: (a) around 21:00 on May 7, 2017, the Defendant: (b) 508 of the FF 508 in Ulsan-gu, Ulsan-gu, U.S.-gu, had the victim smoked tobacco in a room; (c) taken the victim’s face at a time; (d) was shot back and plastic water disease; and (e) continued to take the victim’s face by drinking, the Defendant inflicted an injury, such as a non-thringing the 14-day bar, which requires treatment.
나. 원심의 판단 원심은, 피해자는 피고인이 방에서 담배를 피우지 말 것을 요청하여 시비 다가 먼저 피고인으로부터 폭행을 당하게 되었고, 그 과정에서 옷이 찢기고 입술이 터졌으며 얼굴이 심하게 부었고, 눈도 시커멓게 되었으며 당시 코가 많이 부었다고
However, in the investigation agency and the court of the court below, G of the Do governor stated that the victim " only showed the head and the front part of the defendant who is capable of the victim at the time, and the defendant was sent back after a large volume of the victim.