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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal can sufficiently recognize the fact that the defendant inflicted an injury by assaulting the victim as stated in the facts charged.
However, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. On August 31, 2015, the Defendant: (a) around 11:00, the Defendant: (b) discarded garbage in the plastic houses located in the Dongdong-gu, Ulsan-gu, Busan-si; and (c) caused the occurrence of the victim’s sexual organ, and (d) caused the following victims to undergo treatment for up to ten (10) days, such as a refluence.
3. Judgment on the grounds for appeal
A. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court, that: (a) the witness E, who observed the instant case at the time of the instant case, was limited to the injured party at the time when the Defendant was placed in clothes with the injured party; and (b) did not deem that the victim was discovered or was at the time of the instant case.
The statement. ② On September 9, 2015, the nine days after the case occurred, the victim issued a medical certificate with the first medical treatment to the small hospital and submitted the medical certificate to the small hospital as of September 9, 2015. In full view of the symptoms stated in the medical certificate, the "coverage and urine urology of the high return urology" and the name of the patient, which are the symptoms indicated in the medical certificate, appears to be the statement following the victim's appeal for the symptoms; ③ the victim first received the medical certificate at the hospital and then filed the complaint with the defendant based on the medical certificate, and ④ the defendant and the victim filed the complaint with the assault.
It is difficult to exclude the possibility of false statements, and otherwise, the defendant.