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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the fact that the defendant inflicted an injury by assaulting the victim as stated in the facts charged of this case can be fully recognized.
2. Determination
A. The summary of the facts charged in the instant case is the wife of D, who is the South-wind of the victim C (man, 51 years of age). From February 16, 2015 to February 22:00, the Defendant, at the Defendant’s home located in Jeju E, had a horse dispute with the victim at the Defendant’s home located in Jeju city E, and had the victim take a drinking for about seven weeks, thereby causing the victim to suffer approximately seven weeks of medical treatment.
B. The lower court determined that the Defendant was not guilty on the ground that there was an injury to the victim, such as the victim’s physical injury, by taking account of the following circumstances acknowledged by the record: (a) the police statement on the victim’s written evidence, the victim’s written accusation, the victim’s written diagnosis, and the records; (b) the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant was suffering from injury, such as the victim’s physical injury during about seven weeks of treatment due to the victim’s death.
① The victim filed a complaint against the Defendant on June 1, 2015, which was about three months after the date of the occurrence of the instant case, on the part of June 1, 2015, on the charge of injuring the Defendant, and the accusation merely stated that the Defendant assaulted the victim, thereby causing an injury to the left hand of the Defendant. On the same day, the police investigation made a statement that the Defendant was pushed down with each other, was pushed down, pushed down, spawned, spawned, spawn each other, and suffered an injury, such as spawn, spawn, spawn, and spawn for seven weeks of treatment, and did not specifically state how the Defendant sustained the said injury by assaulting
According to the above statements by the victim, the victim is disputing with the defendant on February 16, 2015.