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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the factual error) that the defendant did not submit a medical certificate at all, etc., the defendant did not suffer injury, the head was not faced, the defendant did not take the head, and the victim F was knicked, and the floor was knicked by hand, and the victim F was knicked, and even so, the F did not have any reason to go beyond the mixed, and the defendant was determined to go f as he did not take out the forest, and it was obvious that the defendant suffered injury by assaulting F. However, the judgment of the court below which acquitted the defendant, was erroneous in the misapprehension of facts.
2. Determination
A. On May 6, 2012, at around 17:45, the Defendant: (a) committed an assault on F (32 years old) and F (32 years old) to take out the Kafbook located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the instant car page”); (b) the Defendant prevented the Defendant from approaching the Kaf; and (c) assaulted F (F) to take off the clothes on the part of F (F) in front of the Defendant, thereby incurring an injury to F, such as catum salt, which requires approximately three weeks of medical treatment.
(hereinafter referred to as “instant accident”) regardless of the circumstances, the F is going beyond the F at the above time and place. (B)
The lower court determined based on the evidence duly adopted and examined by the lower court, found detailed facts on the situation before and after the instant accident, the situation before and after the instant accident occurred, the CCTV images, and the contents of the statements made by relevant persons. The key issue of the instant case is whether the Defendant intentionally issued F’s clothes, and the issue of the instant case is whether or not the Defendant was the wind to take off F’s clothes on the ground that there was no witness to the instant accident and the CCTV did not have been taken on the CCTV, and thus, it is inevitable to presume the background of the instant accident due to the situation before and after the instant accident.