상해
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts and affecting the conclusion of the judgment, although it is sufficiently recognized that the defendant inflicted bodily injury on the victim.
2. Determination
A. 1) The summary of the primary facts charged is a person who operates the main point in the name of "E" in Busan-gu, Busan-gu.
At around 00:30 on November 11, 2014, the Defendant committed assault, such as plucking, plucking, plucking, etc. of the victim’s head collection in front of the Han Bank, which is located near the above main point, to the victim C (the victim of this case, 29 years of age) who had been a customer, and went outside of the said main point, thereby getting the victim to take care of approximately two weeks of the victim’s head collection.
2) The lower court determined as follows, comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated, it is difficult to believe the victim’s statement that corresponds to the above facts charged as it is, and the evidence submitted by the prosecutor alone, thereby causing injury to the victim as stated in the above facts charged.
It is insufficient to recognize it, and there is no other evidence to recognize it.
① The Defendant consistently stated, in the investigative agency and the court of the court below, that “The injured person did not calculate the drinking value from the Defendant’s main point of view, and the F, an employee of the Defendant, who left away from the main point of view, changed the drinking value following the victim.” The victim only sleeped the victim’s head debt with the Defendant’s head debt, and slicked the head debt with the Defendant’s body, and plucked the victim’s head debt with the Defendant’s head debt.”
② F also changes the drinking value from an investigative agency to the court of original trial.