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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to each of the above statements at the investigative agency of the victim of mistake of facts and at the court of original instance, G's statements at the court of original instance are sufficiently reliable, and according to each of the above statements, it can be recognized that the defendant inflicted an injury on the victim as stated in the main facts charged, so the court below rejected the credibility of each of the above statements and acquitted the defendant of the primary facts charged.
B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.
2. Determination
A. The victim stated in the police that “the victim made a mistake of facts in the prosecutor’s assertion of mistake of facts: “The defendant sent the victim the chest part of the victim’s chest by drinking the victim once, and the victim’s head flicked and flicked the face of the victim’s head flicked twice on the floor, and inflicted an injury by getting the victim’s head flicked.”
In contrast to the above police statements, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim stated in the court of the court below that “the defendant left the cement bed down from the back to the back of the sea without the defendant, and her memory is no longer memory thereafter,” and reversed the statement that “the defendant first left the head debt and frighted the chest at the bottom.” The defendant reversed the statement that “the defendant laid down the head debt by cutting down the head debt to the bottom and laid down it on the bottom, and then laid down it down at a low interest rate.” At the court of the court of the court below, G, together with the victim at the time, reversed the statement that read, “The victim was cut down to the lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court that “The victim was cut down to the lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s lower court’s right, and that the victim did not appear to the victim’s statement.”