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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) the statement of witness E, who corresponds to the defendant's defense at the time of the accident, is clearly contrary to the defendant's statement as to whether the location of the victim and E were attached to the victim at the time of the accident; and (b) E unilaterally acted in favor of the defendant in the process of the dispute between the defendant and the victim, such as the circumstance in which the victim was faced with the vehicle; (c) the location of the victim and the victim before the accident occurred; and (d) the location of the victim and the damaged part of the victim; and (e) the credibility of the statement is low.
Nevertheless, the court below found the defendant not guilty on the ground that the victim's statement does not coincide with other related persons' statements on the part as to whether the damaged person exceeded the floor. Thus, the court below erred by misunderstanding the facts.
2. Determination
A. The court below stated that a witness E did not have an accident at the time, the defendant left the scene after leaving the scene, and the victim C met with the left side of the Defendant’s drive vehicle, but did not go beyond the time, and other witness F made a statement that the damaged person was faced with the left side of the Defendant’s drive vehicle, but the Defendant got out of the front side of the Defendant’s drive vehicle, and that the Defendant got out of the right side of the Defendant’s drive vehicle, taking account of the statements of the related persons, there was an intention to inflict an injury on the Defendant only by the evidence upon the application of the prosecutor by taking account of the statements by the relevant persons.
For reasons that it is difficult to recognize without any reasonable doubt, the defendant was acquitted by the latter part of Article 325 of the Criminal Procedure Act.
B. A thorough examination of the records of this case in light of the evidence reveals that the court below acquitted the facts charged of this case on the basis of the aforementioned determination of evidence.