폭력행위등처벌에관한법률위반(공동상해)
All of the appeals by prosecutors are dismissed.
1. According to the consistent statement and written diagnosis of the victim's grounds of appeal, the judgment of the court below which acquitted the victim of the facts charged of this case, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts.
2. Determination
A. The lower court found Defendant B not guilty of this part of the facts charged on the grounds that (i) whether Defendant B was able to take the left hand of G, the statement by G is difficult to believe as it is as follows, the injury diagnosis is insufficient to recognize it for the following reasons, and there is no other evidence to acknowledge it.
㈎ G 진술 부분 G은, 수사기관에서는 ‘자신이 손으로 피고인 B의 팔을 잡고 교회 강단으로 올라가자며 잡아당기자 피고인 B이 올라가지 않으려고 자신의 왼팔, 왼손 또는 왼손 손가락을 잡아 비틀었다’는 취지로 진술하였다.