상해
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the consistent statement of the gist of the grounds of appeal by the victim C, the images of the motion picture taken at the time of the case, and the statement of the medical certificate of injury submitted by the victim, the defendant can fully recognize the fact that the defendant has broken away the victim's right shoulder with his left hand, pushed away the victim's left arms with his left hand, pushed out the victim's left hand, pushed out his arms with his left hand, carried out it, and inflicted an injury on the victim's left hand by his hand.
Nevertheless, the judgment of the court below which acquitted the defendant on this matter is erroneous and adversely affected by the judgment.
2. The lower court rendered a not guilty verdict on the facts charged of this case on the ground that the victim’s statement in the investigative agency, which is a direct evidence that corresponds to the victim’s injury, and the statement in the lower court’s court trial, based on its stated reasoning, are difficult to believe the credibility of the statement, and the evidence submitted by the prosecutor alone alone is insufficient to recognize that the victim suffered injury due to the Defendant’
In light of the evidence duly adopted and examined by the court below and the statements of the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.