The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the statements made by the victim G (hereinafter “victim”) of the gist of the grounds for appeal, it is recognized that the Defendant inflicted bodily injury on the victim by drinking the victim’s face 5 to 6 times as stated in the instant facts charged, and breathing flaps.

However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person in a de facto marital relationship with C.

At around 03:50 on June 6, 2012, the Defendant and C, within the F house located in Ischeon-si E, with the knowledge of the fact that the Defendant and C and the Defendant were in de facto marital relationship, were found to be in the above house of the Defendant and C, and followed C once, and C took part in it, and the Defendant took part in it, and 5-6 times in the face of the victim and sprinked and sprinked.

As a result, the defendant and C jointly inflicted an injury on the victim, such as the 1stma of the Haak, Daegu, the left-hand side of the 4 weeks of medical treatment.

B. (1) As evidence consistent with the facts charged in the instant case, there are statements from the investigative agency of the victim and the court below and each injury diagnosis letter against the victim.

Doshe, however, it is difficult to believe that each statement about the background of the victim's injury is in the following respects:

㈎ 기록에 의하면, 피해자는, ① 2012. 6. 6. 경찰에서 작성한 진술서에 ‘C이 자신의 뺨을 몇 대 때리고 피고인은 주먹으로 귀 옆쪽을 몇 대 때리고, 멱살을 잡고 목을 졸랐다.’라고 기재하였고, ② 같은 날 경찰에서 진술할 당시에는 'C이 자신의 뺨을 1회 때렸고, 이에 자신이 C의 목을 손으로 살짝 밀었는데, 피고인이 주먹으로 자신의 머리를 1회, 얼굴을 5-6회 때렸고, 피고인과 C이 양 옆에서 자신의 목을 조르고 주먹으로...