beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) according to the statement by the victim, the Madsan used by the defendant when the defendant assaults the victim (hereinafter “Madsan”), the Defendant was a large prodin of the same kind; (b) due to a large depression, the Defendant prices the victim’s shoulder and booms at several times; (c) the victim went to the hospital by sparing considerable pains, but did not receive medical treatment without medical expenses; and (d) the victim’s statement constitutes credibility. In full view of these facts, the instant Madsan constitutes dangerous articles.
Therefore, the court below erred in the misapprehension of legal principles, which affected the conclusion of the judgment, by misunderstanding the fact that the court below acquitted the defendant on a special crime of assault on the premise that the mountain of this case does not constitute dangerous goods.
2. Determination
A. On March 6, 2016, the Defendant assaulted the victim’s shoulder and fluence due to the instant depression, which is a dangerous object, by making two times the left head of the victim’s body due to a solid solid substance in the kitchen, while having been in dispute with the victim C and his wife, around March 6, 2016.
The defendant continued to run away from the house, resulting in the victim's walking away from the direction of the victim, and led the victim to go beyond the next stairs.
As a result, the Defendant carried with himself the instant friendship, etc., which is a dangerous object, and committed violence to the victim.
B. The lower court’s judgment: (a) changed the victim’s statement on the place, part, frequency, etc. of the instant friendly acid; (b) there was no record of treatment provided at a medical institution; (c) there was no photograph on the part of the victim’s upper part of the instant friendly acid, but there was no photograph on the part of the victim’s friendly acid; and (iv) there was no photograph on the part of the victim’s friendly acid; and (b) there was an assault by using it as it is ordinarily surrounded by the said ceiling.