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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, the court below found the defendant guilty of the charge of this case, which affected the conclusion of the judgment, on the ground that the court below erred by misapprehending the facts charged.
2. Around 15:20 on April 3, 2012, the summary of the facts charged in the instant case: (a) the Defendant: (b) committed a dispute with the victim D’s clothes in Kimpo-si, which he operated on his own; (c) committed an assault with drinking; and (d) obstructed the victim’s head debt by cutting off the victim’s head debt; and (d) took off the victim’s head debt in response to the accident, and (e) took away from the right side, and (e) took the 14-day treatment for the following 14-day treatment.
3. The judgment of the court below
A. As evidence that corresponds to the fact that the crime of injury was committed by the Defendant’s assault, the medical certificate of injury, each victim’s photograph (the investigation record 10 to 12 pages, 16 pages), and the victim’s statement at the police station, etc. However, the victim complained of the victim’s injury due to the Defendant’s assault on April 4, 2012, following the occurrence of the instant case. The victim’s intention in charge did not have external opinion, but did not issue the victim’s statement “in accordance with the victim’s statement” (the investigation record 98 pages), and the victim complained of a serious pain on the part of the Defendant’s head knife and hye, but the victim complained of a serious pain on the part of the Defendant, but the victim did not have any knife or hye as a result of X-RAY photographs, and the victim did not have any other knife at any time and did not have any other knife by the victim.