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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court acquitted the Defendant of the injury among the facts charged in the instant case, on the grounds that the Defendant inflicted injury on the chest and neck of the complainant five to six times, and thus, acquitted the Defendant of the injury. In so determining, the lower court erred by misapprehending the legal doctrine.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (the fine of KRW 500,000) is too uneased and unreasonable.
2. Determination
A. We examine the argument of mistake of facts. On January 27, 2013, at around 11:30, 2013, the complainant stated that the defendant was injured by the defendant's chest and neck 5-6 times from the investigative agency to the court of the court below. However, the court below acknowledged the evidence duly adopted and investigated as follows. In other words, the driver G of towing vehicles who asserted that the complainant was at the scene of the instant case did not make a statement to the effect that the complainant was only the complainant and the defendant, but did not make a statement to the effect that the defendant had the complainant, even if based on the black stuff image submitted by the complainant, there was no physical contact between the defendant and the complainant, and the complainant started immediately after G. Thus, it is difficult to believe the above statement by the complainant and the evidence submitted by the prosecutor such as the other injury diagnosis is insufficient to recognize this part of the facts charged. Thus, the court below's judgment that acquitted this part of the facts charged is without merit.
B. A prosecutor who made an ex officio determination of the facts charged of the instant case and applied for permission of this court to amend the Bill of Indictment containing an addition of the facts charged of assault to the facts charged of the instant case. As seen earlier, the facts charged of the instant case, which was added in the trial, became subject to the judgment of this court, as the court rendered a not guilty verdict on the points of the injury.
In this regard, the court below has duly adopted.