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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, which erred in the misapprehension of facts.
2. Determination
A. When the prosecutor of the Amendments to Bill of Indictment was found guilty of the facts charged in the case, the court below added the following ancillary facts charged, and the court applied for the amendment to Bill of Indictment with the addition of "Article 260 (1) of the Criminal Act" in the applicable law, and this court permitted the amendment.
B. On December 8, 2015, the Defendant, at around 21:30 on the main facts charged of the instant offense, was injured by a fluor who was missing from the victim E (tax age 61) on the left-hand side by drinking from the victim E (tax age 61) one time in front of the victim E in lightyang-si, against which it is difficult to identify the number of treatment days on the left side of the victim.
2) The lower court determined that the following circumstances acknowledged by comprehensively taking account of the evidence adopted by the lower court, namely, ① the victim was faced with the left sect from the Defendant at the police box on the day of the instant case.
The victim, etc. was examined at the police box on the day of the instant case
According to F’s statement, the victim did not make a statement to the first F to the effect that the victim suffered a special injury while she was drinking from the Defendant. ② At the time of the police investigation on December 16, 2015, the victim made a statement to the effect that the victim was pushed about the head of the Defendant at the time of the police investigation on December 24, 2015. The victim made a statement to the effect that the head of the Defendant was contacted even at the time of the police investigation on December 24, 2015. The court of the lower court stated that the victim’s statement to the effect that the head was sealed by the Defendant, such as the victim’s statement to the effect that the head was sealed, the degree of assault by the Defendant is the victim.