상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is credibility in the victim's statement that "the defendant fighting fighting with his body by means of using bridges with each other, etc., and exceeded twice the floor, and during that process, losses and losses, etc. are met by hand on the floor." In light of the victim's medical certificate of injury, etc., it can be acknowledged that the victim suffered the injury, but otherwise, the victim suffered the injury due to the victim's assault.
The judgment of the court below that dismissed the public prosecution on the ground that it is difficult to recognize it and the victim expressed his wish not to punish is erroneous in the misapprehension of facts.
2. Determination
A. The lower court determined that the evidence alone submitted by the prosecutor on the following grounds is insufficient to recognize that the victimized person was injured by the Defendant’s act as stated in the facts charged in the instant case, and that there was no other evidence to acknowledge this otherwise.
1) According to the records, the fact that the victim suffered an injury that the victim sustained while going beyond the date, time, and place as stated in the facts charged in the instant case is recognized.
However, the core evidence supporting the fact that the defendant inflicted the above injury on the victim is that the victim's investigative agency stated that "the victim was faced with the floor when the defendant got out of the room." The victim was faced with the defendant two times at the time of the case in the court of original instance, and the other one was faced with the defendant at the time of the case, and the victim was faced with the defendant at the time of the case in the court of original instance, and even though he got out of the bridge, it is difficult to believe the part that the defendant got out of the victim in light of the fact that the defendant stated in the investigative agency that he got out of the bridge, and the other evidence submitted by the prosecutor alone is sufficient to believe, and the victim was injured by the defendant's act such as the statement in other facts charged.