상해
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of the facts) and the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged of this case, although it was acknowledged that the defendant injured the victims. Thus, the court below erred by misapprehending the facts.
2. Determination
A. The lower court rendered a judgment on the following grounds that the evidence alone submitted by the prosecutor alone was insufficient to acknowledge the facts charged of the instant case, and that there was no other evidence to prove otherwise.
(1) The Defendant consistently made a statement to the effect that he did not act in the course of or in the course of the victims, and that he could not act because he did not act in the course of the victims.
(2) The victims stated their damages at the police station to the same purport as the facts charged in the instant case, and denied their damages against their Defendant.
(3) Examining CCTV video recording in relation to the instant site, in the situation where the Defendant saw G as a son, the victim E can check the behavior of the Defendant’s body fighting with the Defendant and the Defendant’s body fighting in order to capture G, and the victim C’s behavior at the time of the Defendant’s face.
On the other hand, the defendant can only confirm that he did not cut G through two times, or that he did so, and cannot confirm the behavior of attacking actively, such as when he did or coming up with the victims.
(4) The victims have a motive to make a false or exaggerated statement about the facts of injury or damage with the persons in conflict with the Defendant. The victims’ statement alone aim at resisting the victims’ aggressive behavior and defending themselves and G by physical force in the situation where the Defendant knew G.