The prosecutor's appeal is dismissed.

1. In the case of this case, the gist of the grounds for appeal is that the first statement made by the police of the victim is more reliable than the legal statement in light of the relationship between the victim D and the defendant, and according to the statements made by the police of the victim, at least the defendant had dolusence in the occurrence of the result of this case.

Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The judgment of the court below is affirmed by the court below. "A defendant has made a statement that "the defendant spawn as a shoulderer's wound during a dispute with D in an resistant relationship with D, and spawn, D can recognize the fact that spawn with D in this process, but as to whether the defendant's intention to injure D as a shoulderer's disease, i.e., whether the defendant had intention to injure D as a dangerous thing, i.e., the defendant's intention to injure spawn's disease consistently from investigative agency to the court of the court of the court of the court below, and it is hard to find the defendant not guilty of spawn's injury because it is hard to find the defendant not guilty of spawn's injury due to the defendant's spawn's intention to injure spawn's disease, and it is hard to find the defendant not guilty of spawn's injury by reason of the defendant's spawn's own injury in the process.