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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant not guilty of the facts charged of this case, but it fully recognizes the defendant's injury crime of this case in light of the victim's statement, his body photograph and the medical certificate of injury. Thus, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination:
A. In the judgment of the court below as to the amendment of indictment in the trial of the party, the part of the indictment of this case "when the shoulder part, etc." was changed to "bather, spathing, spathing, etc." but it is merely a different form of assault that caused the instant injury, and it is determined that the exercise of the defendant's right to defense does not have any particular influence.
Therefore, the judgment of the court below shall not be reversed because it is difficult to see that the subject of the trial is changed due to the above changes in the indictment in the trial room.
B. According to the reasoning of the prosecutor’s appeal, the records of this case acknowledged the fact that the defendant used the force of force, such as booming, pushing, pushing, and cutting booming, etc. of the victim E. However, according to the evidence duly admitted and investigated by the court below and the court below, the following facts and circumstances are acknowledged. (A) At the investigation agency and the court below, the defendant, as the substitute driver of the defendant vehicle, f witnessing the instant case, was attached to the male and cream clothes initially put to the victim, and the victim was told. However, even though the victim was the end, the male and the victim was combined with the above white clothes, and the male who suffered the above white clothes was flicked with the defendant and the defendant, and the victim and the defendant were pusheded with the booming clothes between the victim and the defendant and the defendant.
B. In addition, the above F is also related to the fact that the defendant was pushed ahead with the victim and the two persons were in the process, but the defendant was assaulted by the victim.