폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the judgment of the court below which acquitted the Defendant of the facts charged of this case, even though the Defendant inflicted an injury on the victim of this case by cutting off the victim of this case.
2. Determination
A. A. Around July 4, 2013, the summary of the charge was around 23:00, the Defendant collected the Defendant’s hand knife the Defendant’s hand knife which the victim knife knife with the victim E (the age of 37) while drinking alcohol together with the victim E (the age of 101 Dong 206) at the main room at the Defendant’s residence located in the city of Gong101 Dong 206, while drinking alcohol, and the Defendant inflicted on the Defendant’s hand knife the Defendant’s hand that the victim knifeed with excessive knife in order for the victim to not be knifeed, and sustained the victim’s hand knife at the left knife knife, which requires five weeks of treatment.
B. The lower court’s conviction in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt, and if there is no such evidence, it is inevitable to determine the Defendant’s interest even if there is suspicion of guilt.
1) As evidence directly corresponding to the facts charged in the judgment of E, there are the witness E in the first instance court's statement, the prosecutor's protocol of interrogation of the accused (the first instance prosecutor's statement of E, the prosecutor's protocol of E in the prosecutor's office, and the police's protocol
In each of the above evidence, E was relatively consistent with the defendant, and there was a question as to whether the defendant was attending a fluenent fecing to a third party E, while drinking together with the defendant.
In this process, E was fluent about the defendant's words so, and the defendant appeared to have knife the Japanese knife and threatened the part of E.
Therefore, E knife the hand and the part of the hand in which the defendant knife the defendant knife.
The defendant is injured by E's knife by means of knifeing the knife.