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The prosecutor's appeal is dismissed.
Reasons
1. According to the victim's statement, the victim's photograph of the damaged part, and the statement of the diagnosis of injury, the court below acquitted the victim of the facts charged of this case on the ground that there is insufficient evidence to acknowledge this, even though it is reasonable to view that the victim suffered injury like the statement of the facts charged of this case on the part of the victim's buckbucks as if the defendant seems to be able to prevent the victim from holding.
2. The prosecutor amended the indictment to the effect that the charge of violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) which the court below acquitted was not guilty, is maintained as the primary charge, and applied for the amendment of the indictment to add the charge of violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) as the ancillary charge as stated in paragraph (1) below, and the court
3. Judgment of mistake of facts as to the primary facts charged
A. On June 7, 2012, the Defendant: (a) around 10:20 on the main facts charged; (b) on E real estate operated by the victim D (the age of 52) located in Yangju-si, the Defendant placed the part of the victim’s right bucks in the process, which is a dangerous object used by his/her descendants, due to parking problems; and (c) put the victim’s right bucks down in the process.
As a result, the defendant committed a dangerous object, which requires about 10 days of medical treatment, and an open measure to leave.
B. The lower court’s judgment did not have credibility in light of the following: (a) the victim’s statement, the victim’s photo, and the victim’s medical certificate of injury are admissible as evidence consistent with the facts charged in the instant case; (b) the victim’s statement is consistent with the direction to display its improvement; (c) the victim’s statement is reversed in line with the upper part of the body appearing in the damaged photograph; and (d) the victim’s statement is without any trace of damage to the clothes on the two parts pointed out as the part of the injured part.