폭행치상
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal ① It is difficult to view that the Defendant was only aware of without any defense even if he/she had the rear head from the victim via the adultery, and the victim went beyond his/her own movement in light of the victim’s injury part and degree.
The court below's decision that found the credibility of the defendant's statement, such as the defendant's testimony that corresponds to the defendant's change, ② the witness K and J, who made a statement that corresponds to the defendant's change, was working as a D cafeteria employee operated by the defendant at the time of this case, was in an unfortunate situation. ③ The defendant demanded the reversal of the defendant's statement by finding He unfavorable to him; ④ the above K and J also requested the defendant to make a statement consistent with the defendant's statement; ④ even according to the K's statement, the K did not directly directly witness the time of this case; ④ even according to the K's statement, K seems to have not directly observed the time of this case's occurrence; on the other hand, K's testimony, head, and H's head to the court below to the court below consistently, it is hard to find the defendant guilty of the fact that the defendant had consistently affected the defendant's new shape of this case's charges.
2. Determination
A. The recognition of criminal facts in a criminal trial is a strict evidence that has probative value that leads a judge to such a degree that there is no room for a reasonable doubt.