Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles), the statement of the diagnosis of injury, and the statement of the court below by the victim, it is reasonable that the victim sustained the injury in the crime of injury as an injured person to the extent that the assault of the defendant may interfere with daily life.
Nevertheless, the court below erred by misapprehending the legal principles as to injury in mistake of fact or injury.
2. In full view of the evidence duly admitted and examined, the court below found the following facts based on the evidence: (a) the victim D received medical treatment in a fixed outdoor department on the day following the date of the occurrence of the case; (b) the victim D’s injury diagnosis statement stating that “the victim was provided with medical treatment in a fixed outdoor department; (c) the victim was provided with her name “more sort sort sort sort sort sort sort, sort sort sort sort sort sort sort sort sort, the right-hand sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sort sor sort sort st sor.”