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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (in fact-finding) is different from that of the investigation agency from that of the defendant when the victim D was in the original judgment, not against the defendant, but from that of the defendant, the defendant made a statement that he was faced with the head of the flab in the process of spreading the flabbb, which he was flabing, but even the statement in D's original judgment alone can be acknowledged that the defendant inflicted an injury on the victim, but only the crime of assault can be established, since D does not want to be punished against the defendant, the judgment of the court below dismissed the prosecution against the crime of assault.
2. Determination
A. On November 11, 2012, the Defendant: (a) around 06:00 on November 11, 2012, the summary of the facts charged in the instant case: (b) around 06:0, on the ground that the Victim D, who was female friendly, operated a fright house and performed drinking in combination with son’s hand, left the victim’s face with her hand and her head; (c) then, (d) the Defendant got the victim’s face into drinking and her head.
As a result, the defendant was unable to know the number of days of treatment to the victim.
B. The lower court determined as follows: (a) although it is recognized that the Defendant assaulted the victim in such a manner as to cover up the victim’s face at the above date, time and place; (b) furthermore, whether the Defendant was at the time of drinking and hairing the victim’s face and head, and thereby making it difficult for the victim to know the number of days of treatment; (c) in other words, the victim was at the time of the instant case, but the victim was faced with the Defendant’s breath that “at the time of the instant case, the victim was leaving the cell phone in the court and boomed the Defendant’s breath, and the Defendant was flad with the head on the rail that was next to the instant case.
There is no statement that "the defendant was taken at the time of appearance and appearance" at the time of being investigated by the police.