상해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, including the victim D’s statement with credibility in the grounds for appeal, the court below found the defendant not guilty even though the defendant was found guilty on September 5, 2012 when driving a CK5 car at around 08:00 on September 5, 2012 and caused injury to the victim. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. On September 5, 2012, at around 08:00, the Defendant driven a CK5 car and proceeded one-lane in front of the bus stops at the Dong-dong of Busan, Seodong-gu, Busan, the summary of the facts charged is as follows: (a) on the ground that the E-si operated by the victim D (53 years of age) stopped the road on which the Defendant is driving in the course of getting off the taxi at the taxi and stopped for a long time; (b) on the ground that he stopped the road on which the Defendant is driving; (c) on the ground that he stopped the taxi and stopped the victim from the taxi; and (d) on the part of the taxi, he gets the victim away from the taxi, cut down the breath of the 4-day core balance that requires medical treatment for about four weeks.
B. The Defendant asserts that there is no fact-finding between the places where not only the victim was injured but also the victim was injured, as stated in the facts charged.
As evidence directly corresponding to the facts charged in the instant case, the victim D’s statement is the only evidence. The victim D designated the Defendant as the offender on November 5, 2014, and consistently asserted the Defendant as the offender until the court below rendered a trial. According to the fact that the Defendant’s vehicle appearing in the CCTV image flag photograph (hereinafter “suspected vehicle”) is a three-dimensional vehicle in a white system, and the said vehicle is likely to be a vehicle owned by the mother of the Defendant, it is doubtful that the Defendant does not inflict any injury on the victim.
However, the following can be recognized or ratified by the record: