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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant injured the victim as stated in the facts charged, and there is sufficient evidence to support this, but the court below acquitted the defendant on the grounds that there is no evidence to acknowledge it. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
2. Determination
A. On July 12, 2012, the Defendant: (a) around 13:40 on July 12, 2012, at the Yasan-si Apartment Complex Center; (b) at the victim D (the same apartment resident) who is a resident of the same apartment; and (c) was in dispute with the said apartment; (d) the Defendant 2nded the victim of hot water that was usually frequent, and she was seated in the inside, once again, and she spathed the victim’s breast part from the victim, and shed the victim’s breast part of the chest, and caused the victim to go beyond the floor by having the victim go against the spathn part of the victim’s chest in the sofa, which was at the same place.
As a result, the Defendant inflicted an injury on the victim, such as cutting the frameworks of a drilling that requires treatment for about 8 weeks.
B. The court below ruled that D's statement in the investigation agency and the court of original instance consistent with the facts charged of this case is hard to believe for its reasons as stated in its reasoning, the remaining evidence submitted by the prosecutor alone is insufficient to recognize it, and there is no other evidence to recognize it. In light of the records and comparison with the reasons for innocence of the court below, the court below's decision is just and acceptable, and there is no error of mistake of facts as pointed out by the prosecutor.
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.