특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal: In full view of the evidence submitted by the prosecutor by the prosecutor of the facts, it is recognized that the defendant has shocked the victim's automobile driving and caused the victim to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of treatment.
However, since the court below acquitted the charged facts of this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, which are: ① the victim was beyond the left-hand side of the investigative agency after shocking.
The court below stated that it was beyond the right after shocking.
In full view of the fact that it is difficult to believe that the statements, such as statements, are inconsistent, and ② even based on the shock photographs attached to the investigation report, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that the Defendant suffered injury to the victim by receiving the victim’s stobane as stated in the facts charged, and that the Defendant damaged stobane as it was destroyed.
The lower court’s determination that it is difficult to see is justifiable, and it did not err by misapprehending the facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.