폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. It is true that the victim's statement in the summary of the grounds for appeal partially changed the degree of violence, or that the victim has consistently made a statement about the existence of the act of assault, and even if its credibility can be sufficiently recognized, the court below rejected the victim's statement without reasonable grounds and accepted the defendant's statement without credibility and acquitted this part of the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in this case is the married couple and the victim D(34) is the defendant's fraud.
On July 7, 2013, at least 14:30 on July 14, 2013, the Defendant used the victim’s chest to assault F, which is his/her father and the victim’s wife, before the victim’s house E Apartment B 501, Incheon, Incheon, E apartment B 501, which is the house of the victim, and used to assault the victim’s wife and the victim’s wife.
Accordingly, the defendant assaulted the victim jointly with C.
B. The lower court’s judgment: (a) the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (b) the victim stated at an investigative agency that he was swornly sweld by the Defendant, but even after having sweld the Defendant’s chest in the form of low interest rate; (c) the victim reversed his statement by stating that he was sweld to avoid the situation; (d) the victim was sweld by assaulting the Defendant at the point of time five months after the date on which the victim asserts that he was sweld by the Defendant; and (c) the victim filed a divorce lawsuit against F on August 12, 2013 against the Defendant, and the investigative agency also stated that the victim had a reason for filing a complaint for the divorce lawsuit.