The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim D's statement that the defendant involved in the husband and was wheels to get the victim's arms was reliable, and according to this, even though the facts charged in this case can be fully recognized, the court below rejected the defendant's statement and acquitted the defendant, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.

2. Determination

A. The facts constituting the crime of this part of the facts charged in the judgment of the court below against A jointly with the Defendant and A: "Defendant A, on August 4, 2012, at around 04:10, 2012, was the victim D (the age of 26) followed by the Busan Shipping Daegu E Apartment, Busan, Inc., 109, and heard that Defendant A and Defendant B were able to breathly and breathly, and the Defendants were breathly breathly breathly breath, but Defendant A was breathly breathd with the victim's hand on the ground that the Defendant’s wife was breathly breath, and breathly breathly breathly breathd with Defendant B on the ground that the Defendant’s wife was breath, and Defendant A’s assaulted against the victim’s breath, thereby damaging the victim’s body and damaged the victim’s body for 21 day.

" 기재와 같이 피해자 D의 폭행에 대항하여 피고인 B이 피해자의 팔을 잡아 할퀼 때 A은 양손으로 피해자의 상체를 잡아 바닥에 넘어뜨리는 등 피해자에게 전치 21일간의 입술 및 구강의 표재성 손상 등의 상해를 입혔다.

나. 피고인의 주장 및 원심의 판단 1) 피고인은 수사과정 이래 당심에 이르기까지 항소이유와 같이 A과 피해자 사이의 싸움에 가담하거나, 피해자의 팔을 잡아당기고 팔 부위를 할퀸 사실이 없다고 주장한다. 2) 이에 대한 원심의 판단은 다음과 같다.

The judgment of the court below is delivered with the witness D's legal statement, and the defendants.