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The prosecutor's appeal is dismissed.
Reasons
1. Although the statements made by the police in B at the police station B at the main point of the grounds for appeal (misunderstanding of facts as to the acquittal part) conforms to the part of the injury, the court below rejected the statements made by B at the police station, and credibility of the statements made by B at the court of original instance, there is an error of misconception of facts
2. The court below found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to conclude that the Defendant was guilty on the ground that, in full view of the various circumstances revealed in the record, the police statements in B were merely explained in the situation at the time, and that the Defendant was found not guilty of this part of the facts charged on the ground that it is difficult to conclude that the Defendant was able to recognize that the Defendant was her her her her her her her her her her her or her her her her her her her her her her her her her her her her her her her
The circumstances stated by the court below are as follows: B was living room in the court below; B was on the things that the defendant had left.
하더라도 머리 앞부분이 아니라 정수리 부근에 상해를 입을 수도 있는 점(피고인이 던진 물건이 벽이나 다른 곳에 먼저 부딪힌 후 튕겨서 B가 맞았을 가능성도 있다) 등에 비추어 보면, 검사가 제출한 증거만으로는 피고인이 상해의 고의로 B에게 물건을 집어 던져 피해자에게 상해를 가하였다는 이 부분 공소사실이 합리적 의심이 없는 정도로 증명되었다고 보기는 어렵다.
Therefore, the judgment of the court below that acquitted this part of the facts charged does not err in misconception of facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.