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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is sufficient to view that E, even after the Defendant assaulted the victim, has committed an assault, such as taking part in the victim’s mother and child, and it is sufficient to view that the Defendant and E jointly assaulted the victim.
2. Determination
A. On February 1, 2018, the Defendant: (a) around 10:27 on February 1, 2018, at the first floor of the Gangseo-gu Seoul Metropolitan Government building B, the Defendant: (b) took a dispute with the musical instruments and accounting issues; (c) the victim D (the age of 66) who is the customer, scamblings, and scams the victim’s hand by hand; (d) the Defendant scams the victim’s hand by hand; and (e) the Defendant scambling the son who was the victim’s hand.
Accordingly, the defendant assaulted the victim jointly with E.
B. In full view of the following circumstances, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to view that the Defendant used to assault and assault the victim jointly with E without reasonable doubt, and that there was no evidence to acknowledge otherwise.
(1) The Defendant: (a) the victim and E attempted to fight in a sing corridor between two investors, and prevented the victim from departing in a sing corridor.
[2] During the commission of the instant crime, the CCTV images (Evidence Nos. 6, 1.mp4, hereinafter “Ethmp4”) recorded at the scene of the instant crime were 0:00 parts] (2) During the commission of the Defendant and the victim, the Defendant was able to have the her mother and her mother and her mother and her mother and her mother and her mother were her victim, and the Defendant was able to use the her child and her mother and her mother and her mother and her mother were her victim, and the Defendant was her only tried to use the her body and she
(3) In the process of concluding two people’s fighting, the Defendant is not aware of the assault of E and used it to jointly assault the victim, but instead to jointly assault the victim. In the end, the victim is pushed the victim with his/her fighting.