폭행
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the victim of the appeal has consistently made the statements in the investigative agency and the court of original instance, and that the witness F was a person who wheels from the person on the spot who was waiting for the defendant with the wheel chairs while the victim slicked the defendant with the wheel.
I stated that they referred to;
In light of the fact that the defendant stated that if the defendant did not have an assault, the victim did not have any reason to conceal the defendant, etc., the victim should be deemed to have committed an assault against the victim, and the victim who did so, had the victim committed an assault against the victim, and the victim did so.
According to the evidence submitted by the prosecutor, the facts charged in this case are sufficiently proven.
I would like to say.
2. The lower court determined that the Defendant assaulted the victim as stated in the facts charged solely on the part of the victim’s legal statement in the lower court, the statement in the investigative agency, and the on-site dispatch report by the prosecutor.
The lower court acquitted the instant charges on the ground of insufficient recognition.
The above judgment of the court below is just and acceptable in light of the circumstances in the court below's reasoning, which are duly adopted and investigated by the evidence, and the court below's aforementioned judgment is erroneous, and there are errors in the misapprehension of facts alleged by the prosecutor.
subsection (b) of this section.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.