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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, damage photographs and E’s statement in investigation agency, the court below erred in the misapprehension of facts, although it can be sufficiently recognized that at the time of the instant case, the Defendant was aware of the victim’s breath by hand, and the victim was faced with face on the wall in the process, and the victim suffered injury, such as unfloating for about three weeks of treatment, etc., but the court below acquitted the Defendant.
2. Determination
A. The summary of the facts charged is that the Defendant, around 02:00 on December 18, 2013, drinking alcohol with E, F, and Victim G at the D main points located in Busan coastal Organization C with E, F, and the victim G, and the victim has a dispute over E and money.
The breath of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of
B. The judgment of the court below is based on the following facts: ① there is no evidence to acknowledge that the victim suffered the wound by facing face; ② there is no evidence to acknowledge that the defendant committed an assault by salbling the victim’s breath, ③ the statement in the court of the court below and the investigative agency of the victim that “the defendant inflicted an injury upon the victim’s face by salbling the victim’s salbling,” and ③ the statement in the court of the court below and investigative agency of the victim that “the defendant inflicted an injury upon the victim’s face by salbling the victim’s face by salbling or assaulting the victim’s face at the time of the accident is difficult to believe because it is contrary to the witness’s statement at the time of the accident; ④ the defendant’s physical fighting was conducted to a certain extent in the process of assaulting and removing the victim’s body at the time, but it is unclear whether the physical fighting at the time was made to the extent of self-defense or legitimate act; whether the victim was made by sal.