폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. According to each statement of the victim and witness in the summary of the grounds for appeal, the court below erred in the misapprehension of facts and adversely affected the conclusion of the judgment, even though the defendant was fully aware of the fact that the defendant inflicted an injury as stated in the facts charged, together with D, to the victim E.
2. Determination
A. The judgment of the court below is that direct evidence of the facts charged in the case of this case is only E, witness F, or G, and it is doubtful whether E’s statement added new facts or changes specifically with the passage of time, and it is not a statement by expanding or changing the course of the case and degree of damage based on the testimony of other witness F, etc., and considering the fact that E appears to have been abused and there was no light situation in the situation where the other party driver wants to flee after the traffic accident occurred at the time of the case, it can be the most reliable evidence immediately after the occurrence of the case, as to whether there was assault by other persons, etc., (2) it is difficult to properly distinguish between the defendant’s act and the defendant’s act, and (3) it is difficult to acknowledge that the defendant's act of assault other than the defendant’s act of assault was committed on the part of witness at the time of the case, and (4) it is difficult to directly and specifically distinguish the possibility that the other person's act of assault was committed on the part of witness at the time of the case.
The phrase "I" was called as "I, and it was due to I's own expense.