폭행
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, including the summary of the grounds for appeal (misunderstanding of facts) the victim's statement, etc., the court below found the defendant not guilty of the facts of assaulting the victim as stated in the facts charged of this case, but it erred in the misapprehension of facts.
2. Judgment on the grounds for appeal by the prosecutor
A. The lower court’s determination: (a) stated in the lower court that the victim claimed that he was a witness did not have observed the instant site; and (b) the victim was at prices 1 times the victim’s chin and 2 chest in the accusation.
However, in the police and the court of the court below, the police and the court of the court below were at a price per chin and per chest.
(3) On the other hand, F, a witness at the scene, consistently states that there is no assault against a victim in the police and the court of the original instance, and ④ According to the on-site record CD produced by the victim as evidence by the prosecution at the latest, the point of time when the defendant assaulted the victim.
The voice of the victim, such as “the voice”, is the voice of the victim, but there is no sound or reaction to the surrounding people at the price of the chin or breast, and the F in the side of the victim not only is the arbitr who is arbitr.
(5) The victim was at the price of the bar and chest from the Defendant, such as “the victim”, and “the victim was at the price.”
Although there was no appeal for pain at the time, there was no photograph of the price-specific father or no fact that the hospital was treated with the hospital, and the victim filed a complaint at two months from the date of occurrence of the case, not guilty on the ground that the victim’s statement or the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged of the case.
B. A thorough examination of the judgment of the court below by comparison with the evidential materials, the judgment is just and it is so argued by the prosecutor.