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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, which erred in the misapprehension of facts.
2. Determination
A. On October 22, 2016, at around 09:08, the Defendant: (a) taken photographs of the victim’s cell phone on the ground that the victim, not the male letter, took the victim’s child to exercise the right of interview with the victim D (the age of 32), who was shot in front of the 102 Dong-dong, Gwangju North-gu, Gwangju, for the purpose of exercising the right of interview with the victim (the age of 32), and assaulted the victim by taking the victim’s cell phone from deduction of the victim’s cell phone on 1-2 occasions in his/her hand.
B. In light of the following circumstances acknowledged by the lower court based on the comprehensive examination of the adopted evidence, the lower court, without any reasonable doubt, proven that the evidence submitted by the prosecutor alone was caused by the Defendant’s loss as stated in the facts charged, or that there was an intentional intent on the part of the Defendant.
The lower court acquitted the Defendant of the instant facts charged on the ground that it is insufficient to view it, and that there is no other evidence to acknowledge it.
1) Examining the text message sent by the victim to E before and after the instant case, it seems that the victim seems to correspond to the content that the victim was assaulted by the Defendant is “I would like to take photographs in the case of his own parent's display without understanding at this time, and when exercising assault against the author, I would be able to report it as a crime of assault.
It is mainly composed of the text message, two photographs marked by the Defendant, and one photograph marked by the Defendant, and the remainder is resisting to the effect that all E did not have a direct objection.
2) Among the photographs sent by the victim to E, the photograph taken by the victim’s grandchildren, etc. is also shaking particular external wounds.