폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. According to the consistent statement of the victim and the photograph and diagnosis of the injured part, the court below acquitted the victim of the facts charged in this case, although it could sufficiently recognize the fact that the defendant inflicted an injury on the victim by using beer World Cup, which is a dangerous article. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. On December 4, 2012, the Defendant: (a) around 02:20 on December 4, 2012, and around 02:2:20, the instant facts charged, on the ground that, while drinking alcohol at the Dju points located in Seongbuk-si, Sungnam-si, the Defendant was a vision and was fluored by the victim E, who was on the side table, and his body was faced with the victim E.
The Defendant used assault by plucking, plucking, etc. of F arms, and inflicted an injury on the number of treatment days, such as plucking of the victim’s head debt on the ground that the victim E speaks it, cutting it by gathering the beer cup, cutting it on the tebble, shicking the crode, which is a dangerous object, toward the face face of the victim, shicking back the victim’s right side, and shicking the victim’s right side, etc.
B. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court found the Defendant not guilty on the ground that the evidence alone submitted by the prosecutor alone was insufficient to acknowledge the fact that the Defendant inflicted an injury on a dangerous object as stated in the facts charged, without reasonable doubt, and that there is no other evidence to acknowledge it.
① At the time when the Defendant and F were to be a vision, E and F stated in the investigative agency and the lower court that they did not look at two persons, unlike the facts charged, and if so, the Defendant appears to have no reason to assault A. E.
② F and G stated that the Defendant was unable to see that he was boomed to E by shouldering the instant cups.
(3) If the defendant wears the World Cup, females who were in the danran bar.