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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that the defendant's residence does not include a place where the victim exceeded so that he/she would have suffered credit due to the defendant's assault, and that the defendant was called to the police at the time of reporting 119, and that he/she was dispatched to the police, etc., the fact that the defendant abused the victim, thereby causing injury, and thereby causing death can be acknowledged.
Nevertheless, the lower court erred by misapprehending the fact that the Defendant was acquitted, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant, who works as an employee of “C” located in “B” in Cheongju-si, was living together in the Defendant’s residence located in “B” (n, 39 years of age) and “B” from December 2018, Young-gu E detached Housing EF.
Defendant from around February 11, 2019 to around February 6, 2019
2. From 03:51 to 03:2, the above subparagraph F, and the Defendant’s female ties with each other, assaulted the victim’s right eye and part of the part of the upper part of the upper part of the right eye, thereby causing injury to the victim, and thereby caused the victim’s death at the emergency room of the He Hospital located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, Seoul, by means of an influencous means.
B. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court, it is difficult to readily conclude that the evidence submitted by the prosecutor alone, as stated in the facts charged, inflicted an injury on the victim and caused the victim’s death, and there is no other evidence to acknowledge the same otherwise.
1) During the time indicated in the facts charged, the Defendant and the victim met with the Defendant and the victim at a beauty art room around 10:54, Feb. 6, 2019. The Defendant and the victim met at a single house F residing together with the beauty art room at around 10:56, toward the beauty art room and the beauty art room at around 11:20.