특수상해
The prosecutor's appeal is dismissed.
1. The summary of the facts charged against the Defendant (hereinafter “instant charges”) on November 25, 2017, on the ground that while drinking alcohol at the D main points located in Ansan-si Member C, Ansan-si around 00:20 on November 25, 2017, the Defendant, on the ground that he/she was satisfying the victim A while drinking alcohol at the D main points located in Ansan-si Group C, an object dangerous to he/she was satisfy, and inflicted an injury on the victim during treatment days.
2. According to the summary of the grounds for appeal, following the statement of M and Posman L, the victim’s upper part photograph, etc., it can be acknowledged that the Defendant inflicted an injury upon the victim’s head due to beer’s disease.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.
3. The lower court found the Defendant not guilty of this part of the charges on the ground that: (a) among Lman’s telephone statements on April 24, 2018, written by the Prosecution Investigation Report (Evidence No. 1: 52) as evidence consistent with this part of the facts charged, the following merely states that “the Defendant confirmed the fact at the site of sending the other party head to be a beer’s disease; (b) it is difficult to believe this as it is; and (c) the victim merely states that “the other party’s head was in contact with a beer; and (d) it is difficult for the first responder to it; and (e) it is difficult for the first responder to the situation or the cause of the injury at the time; (e) it was hard to memory at all at the time; (e) the victim’s personal injury was exposed to the victim’s personal injury; and (e) it cannot be readily concluded that the victim’s injury was caused by a favorable price.
4. Judgment of the court below
A. In full view of the following circumstances admitted by the court below based on the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone is room for reasonable deliberation of this part of the facts charged.