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The prosecutor's appeal is dismissed.
Reasons
1. At around 07:00 on December 1, 2018, the Defendant committed assault against the victim D (the victim aged 58, female, and hereinafter “D”) who is a workplace partner at the first floor of Jongno-gu Seoul Metropolitan Government, on the ground that the victim D (the victim aged 58, female, and hereinafter “D”) who is a workplace partner at the first floor of Jongno-gu, Seoul, was fluencing at one time the chest of D.
2. The lower court’s determination: ① one of the important factors to measure the sex of the crime of assault, or the statement of D related thereto is not consistent; ② “E was at the right location of the Defendant at that time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the point where D’s body was pushed away; ③ the statement of D and E is inconsistent with the location and time of the instant assault; ④ the witness of the lower court at the time at the time at the time at which the instant assault occurred at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time at the time, it was difficult for the prosecutor to prove that the Defendant was not guilty.
3. The CCTV submitted as evidence of the gist of the grounds for appeal did not directly photograph D’s chests, and the circumstances that D somewhat exaggeratedly explain D’s situation at the time.
However, if the above CCTV leads to a conflict between the defendant and D with the defendant, if E seems to have committed a noise to D, it is confirmed that the body of the defendant's body to be genuine by the defendant is sealed, and it is confirmed that D is the part of damage, and that D is the part of the defendant's body to be true.
In addition, D is the defendant's hand.