폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. In full view of the evidence presented by the prosecutor in the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant on the grounds that there is no evidence to prove a crime even if the facts charged in this case are fully convicted.
2. The lower court found the Defendant not guilty of the facts charged on the ground that: (a) the statements made by G, J, E, K, and F are either inconsistent with the order of assault committed by G, or partially inconsistent with the statement made by the investigative agency; (b) it is difficult to believe them as they are, or it is insufficient to recognize the facts charged with each of the above statements alone; and (c) comprehensively taking account of the medical records and the written diagnosis of injury, given that the treatment and diagnosis of G are mainly conducted in accordance with the patient’s statement and pain, it is insufficient to prove the facts charged in the instant case only with the injury diagnosis and medical record, and even if examining the recorded files in the situation at the time, it is difficult to view the Defendant’s act as the exercise of tangible force contrary to the social rules.
Examining the above judgment of the court below in light of the records of this case, it is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts. Thus, the prosecutor's assertion is without merit.
3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.