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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is consistent with the victim C’s statement on the part of the injury; there is no possibility that the victim C’s wife may cause another cause regardless of the Defendant; the victim D’s assault and assaulting the Defendant to drink the Defendant; it is difficult to deem the victim D to have broken down the left part of the loss; the victim’s statement is specific and consistent with the circumstances and process during which the fighting occurred with the Defendant; and there is credibility in the victim’s statement, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On August 29, 2017, the summary of the facts charged in the instant case was that the victim C(Nam and 16 years of age) spits on the face of the Defendant in front of Yongsan-gu Seoul on the road before Yongsan-gu Seoul Special Metropolitan City on August 22:30, 2017, the Defendant laid down the body of the victim C at the right-hand scke of the victim C by cutting off the stones on the floor where he spacks the body while cutting off the verbal spacking the body, and put the victim D at the price of spack of the victim D’s left hand to prevent the victim D from spacking the number of treatment days. Around about four weeks of the left-hand spacks of the victim D, the Defendant laid down the shape of the part of the 5-day left-hand spacks part of the victim D, which requires a four-day medical treatment.
B. In light of the following circumstances acknowledged by the record, the lower court acquitted the Defendant on the ground that it is difficult to deem that the instant facts charged were proven without any reasonable doubt, solely based on the evidence submitted by the prosecutor, such as C and D’s legal statement, etc.
① A asserts that the Defendant was at the right her price with a stone, and C appears to have suffered from the right her part of the sloping and the sloping, according to the body photographs, diagnosis documents, etc.
However, C made a statement to the effect that it was consistent with the left part from the Defendant in this Court.