상해등
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal (misunderstanding of the facts) is that there was a dispute between the Defendant and the victim on the land, and thus it is difficult to inferred the victim’s implied consent. The victim consistently consented to the entry of the victim’s residence in light of the following: (a) the Defendant was in the toilet until entering the victim’s house; and (b) the Defendant stated to the effect that he was unaware of the fact that he entered the house; and (c) the Defendant stated to the effect that he had consistently
shall not be deemed to exist.
In light of the fact that the victim, as a woman of the 79th old age, stated the situation at the time of the initial investigation, and such statement consistent after the prosecutor's investigation, conforms to the empirical rule, and thus, credibility is recognized. The victim may recognize the fact that the defendant inflicted an injury on the victim, in light of the fact that there was a fact between the hospital five days after the occurrence of the case, but there was a reason to understand the fact.
Nevertheless, the court below acquitted the charged facts of this case, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case 1) On March 12, 2015, the Defendant infringed upon a residence by opening a gate, which was not voluntarily corrected without the consent of the victim, in order to comply with the ownership of the land possessed by the victim, at around 09:30 on March 12, 2015, to follow the ownership of the land possessed by the victim.
2) In the time and place described in paragraph (1) 1, while the victim and the victim have been suffering from a dispute over the ownership of land possessed by the victim as above, the injured defendant is over the victim by having the victim go beyond the floor by pushing the victim's chest part twice with the loss of the victim's chest.