상해
The prosecutor's appeal is dismissed.
1. As to the part of the facts charged of this case, according to the statements of the victim with credibility and the statements of investigation agency E, the court below which found the defendant not guilty of this part of the facts charged of this case is erroneous in the misapprehension of facts.
2. Determination
A. On March 5, 2013, the Defendant: (a) around 06:00 on March 5, 2013, on the grounds that the Defendant voluntarily left the gas siren of the victim C, who is a security guard, in the 5th Yagle D apartment of Bupyeong-gu Incheon, Incheon, on the ground that the Defendant had left the Defendant at will; and (b) caused the victim to suffer from the injury of the closure of the bones of a single rebral, other than the dunes, which requires approximately three weeks of medical treatment.
B. According to the evidence duly adopted and examined by the court below, the court below held that the defendant committed an assault by means of salping the victim’s dubage, but there is a statement at the victim’s investigative agency and court of the court below (the police protocol with respect to C, C’s statement in the suspect interrogation protocol against the defendant, C’s witness’s statement in the prosecutorial investigation agency, E’s protocol of examination of the victim’s injury (the witness’s statement in the prosecutorial investigation agency, the victim’s statement in the prosecutorial investigation agency, the contents and degree of the victim’s injury), and the doctor H’s diagnosis of the victim’s injury.
First of all, the statements made in E investigative agency that "the defendant was fighting the victim's body in which he was trying to injure the victim's hand, and the victim was faced with his body on his book," was not made by the police for the above purpose, and the victim was able to see the victim's body without being able to injure the victim's hand."