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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) recognizes the credibility of the victim's statement that the defendant injured the victim, and even if the facts charged are proved by indirect evidence, the court below acquitted the victim by determining the credibility of the victim's statement.
2. Determination
A. The amendment of the indictment (in addition of the facts charged in the preliminary indictment) requires the prosecutor to make the facts charged in the instant case as the primary facts charged, and the following:
C. (1) An application for amendment to a bill of indictment was filed to add the ancillary facts as stated in paragraph (1) and the trial was added to the subject of the trial by permitting the amendment. However, since the prosecutor’s assertion of misconception of facts as to the primary facts is still the subject of the trial for the trial for the trial for the trial, this is examined first, and then, I will examine the ancillary facts. (b) The lower court acquitted the Defendant in light of its detailed reasoning for determination of facts as to the primary facts charged. Examining the evidence duly adopted and examined by the lower court in light of the record, the evidence presented by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the primary facts charged, and there is no error of misconception of facts as otherwise alleged by the prosecutor. Accordingly, the Prosecutor’s assertion of mistake of facts is without merit. (c) The summary of the conjunctive facts charged and the victim B(73 years old) are neighbors.
On January 30, 2019, the Defendant: (a) around 12:05, in the front corridor of the apartment of the Defendant of Gangwon-gun C Apartment D, Gangwon-gun, and (b) in the front corridor of the apartment of the Defendant, on the ground that the victim, who is not good in peace, took a bath that the victim could not know; and (c) in this case, carried the victim’s left hand on his hand; and (d) marks the victim’s left hand.