상해
The prosecutor's appeal is dismissed.
1. Although the summary of the grounds for appeal (the factual error) did not specifically state the Defendant’s act in the court of original instance, in light of the following: (a) the victim and witness H did not state the Defendant’s act in the court of original instance; (b) however, immediately after the occurrence of the case, the victim stated the fact of damage relatively clearly; and (c) H made a statement that the Defendant and the victim got beyond the victim during the process of gambling, the Defendant may fully recognize the fact that
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On June 22, 2014, around 00:50, the Defendant: (a) asked the Defendant’s pro-Japanese to the Victim E (the age of 17) female-friendly job offering G in the Victim F (the age of 17) about whether there is a “mari-gu”; (b) during which the Defendant was punished for each other, the Defendant inflicted an injury on the victim, such as a fluor, fluor, fluor, etc., where the victim was able to take a bath at the time of the Defendant’s taking a bath to the victim while doing so.
B. The lower court determined that the lower court: (a) comprehensively taking account of all the circumstances, such as the victim’s statement to the effect that it is difficult to give credibility to the victim’s statement, such as the victim’s statement to the effect that he did not well memory as to the circumstances he came to go to the court of the lower court unlike the investigation agency; (b) the victim’s friendship witness H also stated to the effect that he did not examine how the victim was in excess of the Defendant at the court of the lower court; (c) the witness I stated to the effect that the victim was in excess of the Defendant in the court of the lower court; (d) the Defendant’s statement and attitude of the statement; (d) the Defendant’s legal statement and the attitude of the statement; and (e) the Defendant and witness I again stated the situation at the time after the instant crime committed in the