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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principle), the defendant's intent of assault and bodily injury is recognized, so the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts and legal principles.
2. Determination
A. The application for permission of changes in indictment and the application for permission of changes in indictment are kept in the first instance trial, while maintaining the existing facts charged of the injury, and the application of the law is referred to as “Assault” as “Article 260(1) of the Criminal Act,” and the application of the law is applied as “Article 260(1) of the Criminal Act.” Since this court permitted the application, it is judged in order to judge the grounds for appeal against the judgment below and the facts charged alternatively added in the first instance trial.
B. On the grounds of appeal, the court below explained the following facts in detail: (a) the victim’s attitude immediately after the collision, the time and contents of treatment the victim received a written diagnosis, the direction of the defendant at the time of the collision, and the situation of the victim’s involvement in the video recorded at the time; (b) the victim and E’s statements in the court below and investigation agency are difficult to believe as they are; and (c) the victim was proved without reasonable doubt that only the injury diagnosis causes harm to the victim due to the Defendant’s assault and violence under the Criminal Act.
It is difficult to see
Determination and not guilty of the facts charged of injury.
2) Examining the reasoning of the lower judgment in a thorough manner with the record, it is reasonable for the lower court to have pronounced innocence on the charge of injury, and there is no error of misunderstanding the facts or misapprehending the legal doctrine as alleged by the
(c)
The defendant in this part of the facts charged is the father of the victim D(22 years). The defendant in this part of the facts charged is the C medical care center located in Dong-gu, Dong-gu on February 11, 2019 and the father of the victim D(22 years old).