상해
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts) in the investigative agency of the victim E and the court of first instance, each statement and diagnosis at the court of first instance, and each entry in the medical record book, etc., the defendant could sufficiently be recognized that the defendant inflicted an injury on the victim, but the court of first instance acquitted the defendant on the facts charged of this case by misunderstanding
2. Determination:
A. The first instance court held that the Defendant, as evidence directly consistent with the facts charged in the instant case, has made a statement in the victim E- investigative agency (including the statement in the complaint) and the court of first instance to the effect that the Defendant was hospitalized in the hospital to the effect that he was given medical treatment by taking the Defendant’s her her her her her her her her arm's length, which increased. However, in light of the following circumstances, it is difficult to believe the above statement as it is, and the other evidence submitted by the prosecution is insufficient to recognize that the Defendant was proven without any reasonable doubt as to the fact that the Defendant intentionally left the her her her her her her her arm's clothes retail or that the result of the Defendant’s her her her her her injury was caused by the Defendant’s act.
(1) The witness F of the first instance trial only held that the Defendant only left the victim’s right arms and clothes retails up to twice, and did not keep the Defendant unbrupted or unbrupted so far.
The testimony, public official G, and H seems to have made a statement to the investigation agency for a similar purpose.
According to the statement of the victim Doshed the victim, he was found to have left the clothes retail to the extent of suffering from injury, and the victim was not immediately reported to the police at the time, and there seems to be no particular damage to the clothes that the victim had not been mentioned in the victim's statement.
Article 12(2) of the Reference Hospital’s Medical Records provides that the results of the inspection (radiation, early waves, MF, etc.) to the extent that the hospital needs hospital treatment for 10 days shall be administered, and that the medical records shall be administered.