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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim's legal statement, F's statement in investigation agency that the victim took the victim's head at one time, the statement in F's investigation agency, and the statement of the victim's intent M with the intent that the victim had several two parts at the time when the victim wishes to move to L's Council members, and the facts charged in this case are reliable, and the court below acquitted the defendant of the facts charged in this case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of
2. Determination
A. The summary of the facts charged in the instant case and the victim D (the age of 27) are employees of the Korea Highway Corporation’s external business E companies of the elderly branch office.
On January 26, 2013, the Defendant: (a) around 22:00, the Korea Highway Corporation, which was in the Blue House of the Aged, had a problem of organizing work with the victim in front of the former branch of the Korea Highway Corporation; (b) and (c) had a dispute with the victim; (d) on January 26, 2013, the Defendant brought about two parts of the left side of the victim’s head, which require approximately two weeks of medical treatment by using a double ethyl ethyl material used by the victim in his hand.
B. The lower court determined that D’s statement (legal statement, police and prosecutor’s protocol of interrogation), F’s statement (legal statement, page 57, page 85, page 85, page 84 of investigation record), H’s statement (information on investigation record), G’s statement (written statement, page 46 of investigation record), I’s statement (written statement, page 59 of investigation record, page 86 of investigation record), and injury diagnosis statement, which correspond to the facts charged in the instant case, are insufficient to recognize the facts charged in the instant case. Since there is no other evidence to acknowledge the facts charged in the instant case, the facts charged in the instant case constitute cases where there is no evidence to prove the facts charged in the instant case, the lower court acquitted the Defendant under the latter part of Article 325 of the Criminal Procedure Act.
(c).