The prosecutor's appeal is dismissed.

1. According to the evidence submitted in the gist of the grounds of appeal, although the court below acquitted the defendant of this part of the facts charged, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that the Defendant inflicted an injury by assaulting F solely on the evidence presented by the prosecutor.

The court judged that there is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it, and acquitted this part of the charges.

B. (1) The Defendant is consistently denying the fact that the Defendant, from the investigative agency to this court, inflicted an injury upon the F’s shoulder.

(2) The evidence consistent with or consistent with this part of the facts charged is indicated in F’s investigative agency and F’s statement and statement in F’s written accusation. However, considering the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, each of the F’s statement is difficult to acknowledge credibility, and each of the statements alone is insufficient to recognize the facts charged to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge the facts charged.

(A) at the first investigative agency, F is being treated by the first investigative agency with a large number of the right shoulder to the right shoulder.

was stated.

F은 원심 법정에서는 “ 피고인이 자신의 팔을 잡아 채 었다” 고 진술하였다가, 검사의 “ 피고인이 어깨를 잡아당겨서 생긴 상처인가요” 의 질문에 “ 네 ”라고 대답하였고, 변호인의 질문에는 “ 피고인이 자신의 팔을 잡아챘다” 고 진술하였다가, 이어서 “ 피고인이 오른쪽 어깨와 팔을 같이 잡아당겼다” 고 진술하였으며, 재판장의...