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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) stated consistently and specifically as to the fact that the victim B was found to have his head debt by combining E from the investigation stage to the trial of the court below. Meanwhile, the victim stated only for circumstances favorable to himself, such as admitting the Defendant’s head debt and denying the fact of assault and assault by scambling the Defendant’s head debt itself, but such circumstance alone alone does not dismiss the credibility of the statement without permission.
Therefore, the court below rendered a not guilty verdict on this part of the facts charged, although it is sufficiently proven that the defendant inflicted an injury on the victim jointly with E, based on the victim's statement and the statement of injury diagnosis, etc.
2. On December 13, 2017, the Defendant: (a) around 12:50 on December 13, 2017, the summary of the facts charged in the instant case: (b) on the grounds that the victim B (n, 54 years of age) who was the birth in the front corridor of the Daegu-gu C apartment D, Daegu-gu, would not open a door; (c) as the victim resisted this, the Defendant followed the gate, which is a dangerous object; (d) the victim, fluorcing the head debt of the victim, fluoring the victim’s head debt, fluoring the victim’s head debt on his/her hand, and fluoring the victim’s head debt, thereby causing injury to the victim, such as salt, tension, etc. of the front fluoral part, which requires approximately
Accordingly, the defendant, together with E, injured the victim.
3. As to whether E used the same as the Defendant, the Defendant and E consistently denies the victim from the investigative agency to the court of the court below, and the victim’s statement is the only evidence to be directly admitted. The statement is difficult to be easily believed, and the evidence submitted by the prosecutor alone is sufficient to recognize the fact that E used the victim to assault the Defendant.