상해
The appeal by the prosecutor is dismissed.
1. The summary of the grounds for appeal (fact-finding) D’s statement in the lower court is considered to have experienced about one year from the time of the instant case, and even if the statement on the part of the injury differs from the statement made in an investigative agency, the overall credibility of the statement should be recognized. In addition, in light of the fact that the Defendant and D’s photograph and D were given medical treatment immediately after the instant case, and the Defendant complained of the fourth loss of the left hand, it is sufficiently recognized that the Defendant inflicted an injury by assaulting D.
The judgment of the court below which acquitted the defendant.
2. Determination
A. The lower court rendered a judgment that acquitted the Defendant on the grounds that it is difficult to believe that D statements that seem to correspond to the facts charged on the following grounds, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.
1) A investigative agency made a statement to the effect that D had the Defendant take a bath to himself/herself, and expressed to the effect that he/she took a plucking and plucking up the left fingers into the floor, plucking up the urier and schilling up the urier, and reached the right knife. 2) D’s diagnosis and treatment set up on D’s left 4th hand, and taken a photo submitted by D to the investigative agency to the effect that he/she took a left hand.
3) However, D was present as a witness in the court below, and D was plucked by the Defendant, not the left hand, but the Defendant 4th hand, and was treated for the right hand, and at the present present, D’s fourth hand hand, and stated that D’s above testimony at the court below is difficult to see the location of the multi-child hand handout after the lapse of the time. 4) D consistently states that at the time of the instant case, the Defendant did not exercise any violence.