상해
The prosecutor's appeal is dismissed.
1. In light of the statement of the victim and the circumstances leading up to the occurrence of the instant case, it shall be deemed that the Defendant sustained the injury of the victim by damaging the victim.
Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misapprehending the facts and thereby affecting the judgment.
2. Determination on the grounds for appeal
A. On February 3, 2018, the Defendant: (a) around 08:40 on the instant facts charged, at the construction site of an apartment building B in Bupyeong-si, Busan; (b) committed an assault with the victim C (mama and 64 years old); (c) engaging in an act that the victim saw with the view of the victim as he/she was, with the view to doing so; and (d) engaged in an assault that embling the breath with the breath, thereby causing injury to the victim, such as the batum and the batum of the bat.
B. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been injured by the victim, comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the evidence duly admitted and investigated by the lower court.
① As shown in the facts charged in the instant case, each statement made by the victim C in the court and the investigative agency may not be trusted in light of the circumstances leading the victim to the loss of the victim, the content and method of the harmful act by the defendant, the circumstances leading up to the victim to the victim, the difference between time and time, the relationship between the defendant and the victim and the investigative agency, the statement made by the witness D in the investigative agency, and the attitude of the defendant and the victim to make a legal statement
② Rather, according to the statement, etc. by the Defendant and D, while the Defendant and the victim were in conflict with each other, they appear to have been in line with the process of speaking that the Defendant and the victim appeared to have been able to have committed the act of harming the Defendant as they were committed by the Defendant and the victim while they were in conflict with each other.
C. We compare the reasoning of the judgment of the court below with the records and closely.