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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the police of the victim D and the legal statement of the court below, the certificate of injury diagnosis, and the certificate of release from custody, the court below rejected the credibility of the victim's statement and acquitted the defendant on the ground that there was no proof of crime, and erred by misapprehending the facts that affected the conclusion of the judgment.
2. Determination
A. A. Around 20:00 on January 30, 2012, the summary of the facts charged: (a) the Defendant sent D(74) to the management office of the three complex complex of the building in Gwangju-gu, Nam-gu, Gwangju (hereinafter “pather is a gue for senior citizens to eating money; (b)” and the victim respondeded to D(74) for the reason that “the head of the senior citizen’s office did not have any fact of raising money that only she provided while serving the senior citizen’s office”; and (c) the Defendant divided her chest into two parts of the victim’s knife and carried out her hair for about two weeks to D.
B. As shown in the facts charged in the instant case, there is a complaint, a petition, a police statement of the victim, a statement of the victim, a written diagnosis and a written confirmation of injury from the court below and the court of the first instance. The following circumstances are acknowledged by the evidence duly adopted and investigated by the court below and the court of the first instance. ① The victim stated in the court of the court below that “A resident E was entering the management office of the community during the course of assault and assault by the defendant, and the defendant’s wife was reported to the defendant’s wife,” and the court of the first instance stated that “E Na and the defendant were in dispute with the defendant from the beginning to the point of view of the defendant’s shoulder.” On the other hand, E committed a noise from the management office of the court of the court below to the point of the defendant.”
The defendant puts his hand into the upper platform.