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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor in the gist of the grounds for appeal, the court below erred by misapprehending the legal principles as to the rules of evidence, or by misapprehending the legal principles as to the facts charged, which affected the conclusion of the judgment, although the defendant committed assault by means of cutting the victim's timber with the right hand to inflict bodily injury, such as bones salt, etc. which requires two weeks of medical treatment, and the victim's awareness was damaged by that shocking the floor, and thus, it can be acknowledged that the defendant damaged the victim's statement that is consistent with the defendant's defense, etc., with the belief of K's statement without credibility, etc. which seems consistent with the defendant's defense, and thus rejected
2. Determination
A. On March 24, 2012, around 18:00 on March 24, 2012, the Defendant: (a) assaulted the victim by assaulting the victim in a manner of cutting down the victim’s timber, bones, etc., requiring approximately two weeks of treatment; and (b) damaged the victim’s neck, etc., such as the cream, etc., which is fit with the left hand with the victim’s right hand, at the E Association Jin Branch Office located in the sixth floor located in the I Center located in Jinju-si; and (c) damaged the victim by impairing the victim in a way of cutting down the victim’s timber with the right hand, which led the victim to a fall short of the floor of the market value that the victim took advantage of his hand.
B. The judgment of the court below 1 based on the evidence duly adopted and examined by the court below, and each factual relation acknowledged by the court below, ① the defendant shows very serious confrontation and there is a situation in which the complaint and accusation is south, so it is difficult to believe the above facts charged, except the statement in B, lack of evidence to directly recognize the above facts charged, and ② KK, which seems to be in a relatively neutral position, has observed the scene at a distance of 2 to 3 meters at the time of “.”
B Sheet the defendant.