상해
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the summary of the grounds for appeal (misunderstanding of facts) victim E and witness F’s statement, etc., it can be acknowledged that the Defendant committed violence against the victim’s right side bucks with drinking and elbbbbbbs to the victim and used the victim’s right side bucks, thereby making it necessary for the victim’s treatment of 16 weeks. Even if it does not so, the lower court acquitted the Defendant of such injury, even though the Defendant was able to find the Defendant not guilty.
2. Determination
A. In full view of the following circumstances, the lower court determined that the evidence submitted by the prosecutor alone was not proved to the extent that there is no reasonable doubt that the Defendant used to inflict an injury upon the victim by assaulting the victim.
① The Defendant asserted from the investigative agency to the lower court’s court that “The Defendant reported to 119 to appeal the pains by the victim going beyond the Defendant and the Defendant,” and the above assertion is not consistent and contradictory, and even if at a site F, the Defendant, other than F, reported to 119, even in light of the fact that the Defendant, other than F, was reported to 119, there is credibility.
② The victim’s statement is difficult to believe the victim’s statement in light of the following: (a) although the victim stated that the first-aid personnel and the medical personnel “in excess of the flusium,” but he was aware of the state of the victim, the victim’s statement on the part and method of the assault, the victim’s statement on the progress of the case is not consistent and is gradually exaggerated; and (b) the victim’s statement is inconsistent with the witness’s statement, the witness, and the victim’s statement is not consistent.
③ The first statement of F was made by the Defendant only stating that “The Defendant was strokeing the part of the victim’s neck and was strokeing the victim’s neck,” and then the Defendant was bucking down the part of the victim’s bucks with elbows or elbows.