The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have inflicted an injury on the victim A in collaboration with the defendant B, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous and adversely affected by the judgment

Judgment

According to the evidence duly admitted and investigated by the court below, the following circumstances are additionally recognized:

피고인과 피고인의 형 B은 수사기관에서부터 원심법정에 이르기까지, 피고인은 이 사건 당시 B과 A의 싸움을 말리기만 했을 뿐이라고 일관되게 진술하였고, 이 사건 싸움 현장을 목격한 G도 수사기관에서, ‘A과 B이 서로 몸싸움할 때 피고인까지 끼어들어 3명이서 서로 붙잡고 뒹굴었다’, ‘셋이 서로 엉켜서 엎치락 뒤치락 했다’, ‘피고인과 A은 치고 받는 등으로 싸우지는 않았다’고 진술하였는데, 위 G의 진술은 피고인 및 B의 진술과 상당 부분 일치하고 있다.

On the other hand, it is difficult to believe the A’s statement as it is, in light of the following: (a) the victim not only is the other party to the Defendant’s punishment system and spawn, but also has been in dispute with each other from around 2008, when living in one village of this case; (b) the statement made by A, such as that the Defendant was at the time of the Defendant’s breast part due to spawn, etc., violates the above G’s statement; and (c) the upper part of the part that occurred on September 1, 201, which occurred on September 2, 201, by asserting that the upper part of the part that occurred on the part of the Defendant’s spawn as of September 2, 201, is excessively exaggerated and it is difficult to eliminate the possibility of falsity.

In addition, G submitted a written statement that seems to correspond to this part of the facts charged at the court below, but it did not attend the court of the court below as a witness, at the request of A, prepared each of the above statements, but the fact is no longer related to this case, at the request of A.