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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds of appeal, although the court below found the defendant guilty of the facts charged in this case, it erred in the misapprehension of facts, as otherwise alleged in the facts charged in this case, that the defendant gets the victim to wear the arms of the victim as shown in the facts charged in this case, and caused the victim to go beyond the subsequent stairs.
2. Determination
A. The lower court found the Defendant not guilty of the instant facts charged on the ground that: (a) it is insufficient to readily conclude that the instant facts charged were guilty on the sole basis of the facts and circumstances indicated in its reasoning, which are evidence consistent with the instant facts charged, including D, witness E, and F’s investigative agencies and legal statements, and written diagnosis of injury to D, which are evidence consistent with the instant facts charged; and (b) it cannot be ruled out that the Defendant could have made a false complaint in order to make it difficult for the Defendant to find it difficult in connection with redevelopment even if the victim was
B. In light of the facts and circumstances properly explained by the court below, the evidence duly adopted and examined by the court below and the court below, and other facts and circumstances revealed during the trial process of this case, it is not sufficient to conclude that the evidence submitted by the prosecutor alone, as stated in the facts charged of this case, the defendant suffered a 28-day sum of a cage cage cages where treatment is required for the victim to take the arms of the victim as stated in the facts charged of this case.
Therefore, the judgment of the court below is just, and there is no error of law that affected the judgment by misunderstanding facts in the judgment of the court below.
① At the court of the court below, E, at the time of witnessing the instant case, had affixed a photograph on the front side of the stairs, while E, was the top below of the stairs. However, at the time of drawing the front, E, while the body of the Defendant and the victim were pushed down.