상해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, C’s statement is reliable, and it can be acknowledged that the Defendant inflicted an injury on C while fighting with C and C.
The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Comprehensively taking account of the evidence duly admitted and examined by the court below, in particular, A and F’s statements, C can only recognize the fact that the defendant was assaulting the defendant’s body, and contrary C’s statements are insufficient to believe that they are inconsistent or contradictory to objective circumstances.
In particular, considering the physical strengths of C (174cm, 77km) and the Defendant (182cc, 101cc, 101kg), if C first does not go beyond the Defendant due to its shock, and C’s physical fighting, such as C’s statement, is beyond the Defendant’s body, it seems that C’s restraint on the Defendant’s body and could not put the Defendant at the time.
The court below was just in finding the Defendant not guilty of the facts charged of this case, and did not err by misapprehending the facts.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.