상해
The prosecutor's appeal is dismissed.
1. According to the consistent statement of the victim's purport of the grounds for appeal, although the defendant could sufficiently recognize the fact that the defendant has inflicted an injury upon the victim requiring medical treatment for 35 days by assaulting the victim, the court below found the defendant not guilty of the facts charged of the injury on the ground that the fact that the defendant inflicted an injury on the victim cannot be recognized, and found the defendant guilty only of the assault included in the facts charged of the injury. The judgment of the court below
2. Determination
A. The Defendant, at around 03:00-4:00 on August 30, 2012, the charge of the instant case, was committed by assaulting the victim, including the victim’s body and face, and the victim’s body and face were taken several times due to the victim’s continuous outbreak of approximately five minutes, and the victim’s body was taken several times, and the victim’s body was taken several times, and the victim’s body was taken part in drinking, and the victim’s body was taken part in cages, bridges, and bals for the next 35 days.
B. The lower court determined that, in light of the following circumstances revealed by the record, it is insufficient to view that the evidence submitted by the prosecutor alone was sufficiently proven to the extent that the Defendant inflicted an injury on the victim by assaulting the victim, such as taking the victim several times, etc., and that there was no other evidence to acknowledge it, the lower court acquitted the Defendant of the facts charged on the ground that there is no other evidence to acknowledge it.
① The victim stated in the police that he was assaulted by the Defendant only once. However, in the court of the court below, the statement concerning the assault was embodied in the same content as the above facts charged, at any time, and whether F was in the place of the assault.