상해
The prosecutor's appeal is dismissed.
The main point of the grounds for appeal (the factual error) was that the victim made a concrete and consistent statement about the situation of this case as a whole, but the court below rejected witness's statement in whole in relation to the overall situation that conforms to the victim's statement on the ground that witness did not have been present at the time when the defendant was the victim, and rejected the record of medical treatment, such as the injury diagnosis statement consistent with the victim's statement, without any explanation of reasons that are not consistent with the facts charged.
The court below erred in the misapprehension of legal principles as to the principle of free evaluation of evidence by judging the probative value of evidence against the empirical and logical rules, or by misunderstanding facts in violation of the rules of evidence or incomplete hearing.
The summary of the facts charged is the defendant who gathers booms from the sloping line in the middle-gu Incheon Metropolitan City, while managing the E located in the Jung-gu.
Around 08:50 on November 28, 2012, the Defendant, on the ground that the Defendant was a limited license fishing ground for the victim F, G, etc., who extracted a bridge from the tideland on the sloping line, was the victim and the body fighting with the victim on the ground that the Defendant was out of the limit fishing ground. The Defendant, on the ground that the Defendant got out of the area, caused the victim and the body fighting. The Defendant, on the ground that she was flicked, she was placed in the victim on the left head of the victim, and caused the victim’s her her her her her her her her her her her her her her son who
Judgment
A. The judgment of the court below is just based on each of the statements at the victim, G, H, I, J, K's investigative agencies, and the court of original instance, which directly support the facts charged, and most of them have been involved in the process of lighting and gathering together for a considerable period of time, and there is a high possibility for the defendant to make a statement as favorable to the victim.