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The prosecutor's appeal is dismissed.
Reasons
1. In the establishment of the crime of inflicting bodily injury on the summary of the grounds of appeal, it is sufficient to recognize the act of assault, which is the cause of the injury, and it is not necessary to have the intention to inflict bodily injury.
In addition, according to the evidence of this case, the fact that the defendant and the victim were faced with the floor while the victim and the defendant were in a fast and pushed-down with the head debt and the defendant exceeded the floor, and in the process, the victim's hand faced with the floor, and the defendant was cut off.
However, the court below rendered a judgment not guilty on the ground that there is no evidence to acknowledge the intention of injury as to the act of injury, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On October 1, 2015, the Defendant: (a) around 01:30 on October 1, 2015, at the main room of the F2-story Marina branch located in Gwangju Northern-gu, the Defendant inflicted an injury on the victim by putting the head car of the victim over the upper floor of the breath and cutting down the breath of the victim’s head, which was disputed with the 28 years old) and the breath problem; and (b) caused the victim to undergo approximately six-day medical treatment.
B. In full view of the evidence duly adopted and examined by the court below, including the witness G’s legal statement, the part of the witness B’s legal statement (the part of the statement to the effect that Defendant A’s hand, etc. was forced to be shocked as a result of his being pushed down) is difficult to believe it as it is, and the defendant and the victim suffered physical fighting with the victim’s hand, etc. facing the floor and suffered injury when they go up to the floor at the same time when they turned down to the floor, and in light of the circumstances of the crime in this case, the victim’s injury part, motive, purpose, means, and method of the defendant’s act, etc., it is difficult to view that the defendant committed the above act with the intent to injure, and therefore, this part of the facts charged is without proof of a crime.