폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The summary of the facts charged in the instant case is as follows: “The Defendant, at the office of the Defendant, at around 11:30 on October 30, 2012, committed an act of assaulting against the victim E (n, 47 years of age) and debt repayment, who had been in a dispute with the victim, and had the victim injured himself/herself as a dangerous object, and had the victim pushed him/her over, and caused the damage to the victim, which is a dangerous object at the victim’s seat. The Defendant brought the excessive damage to the victim’s knife and knife, which is the other hand of the victim’s knife at the victim’s knife and knife the other hand.”
2. The lower court determined that, as direct evidence of the facts charged in the instant case, there was a photographic picture of the contents of conversation using a mobile phone text sent by the victim E’s investigative agency and court of the lower court to the effect that the said E “the Defendant attempted to put the Defendant in knife,” and that it was difficult to believe the said statement and conversation or that it was insufficient to recognize the Defendant as guilty of the facts charged in the instant case as evidence.
① The F, the witness of the instant case, was present as a witness in the court of original instance and testified to the effect that the Defendant was merely aware of the interest and did not seem to have been aware of the excessive amount, and that there was no excessive amount in the office.
② The victim testified to the effect that the Defendant and F, who are immediately next to the victim’s office, have fleded to the office used by the Defendant in order to request F to help the Defendant by assaulting the Defendant at the victim’s office, while F was given testimony to the effect that the Defendant had first entered the office of the Defendant, and later the victim has been suffering from drinking water, and that the contents conflict with each other.
③ According to the victim’s assertion.