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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, F, K, and G’s statements, results of field inspection, etc., the court below acquitted the Defendant of the facts charged in this case, despite the fact that the Defendant could have inflicted an injury on F. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On March 12, 2013, around 17:11, 2013, the Defendant appears to have made a clerical error in the judgment of the lower court in the Defendant’s part of “the Defendant’s part” in the judgment prior to luring the Defendant’s 404-dong, Gwangju Mine-gu.
The traffic accident occurred between E and the victim F (the age of 61) reported the victim to the police, and the victim raised a dispute with the victim on the ground that the victim resisted to the above E, the victim was trying to depart from his/her own car, prevented the victim from driving his/her car, opened the door door, sound the victim, and meet the drinking quality on the vehicle. The victim, who gets a window of the driver's seat, "I am well flick. I am flick. I do not do so. I am flick and try to flee anywhere. I am we am we am we am we am we am we am we am we am we we am we am we am we am we am.)." The victim's head was faced with several parts on the side of the window of the victim's head, so that the victim's head was damaged by the head's string, the victim's damage of salk, and the tension of tension.
B. In light of the following circumstances, the lower court rendered a judgment that acquitted the Defendant on the grounds that it is difficult to believe the F’s statement, which is a core evidence that corresponds to the facts charged in the instant case, and the remaining evidence alone is insufficient to recognize the facts charged.
① If the F’s statement is true, the Ctv video, in which the form at the time of the instant crime, was recorded, “the Defendant is a head of drinking a vehicle in front of the vehicle”, and “the Defendant is a driver’s seat.”