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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, although the defendant could sufficiently recognize the fact that the defendant inflicted bodily injury on the victim E by sculing the head of the victim E, which is a dangerous object as stated in the facts charged of this case, the court below judged that the facts charged of this case were not proven, and sentenced not guilty. The court below erred by misapprehending the facts in violation
2. Determination
A. On December 1, 2012, at around 23:30 on December 1, 2012, the Defendant: (a) faced with the victim E (the age 46) and shoulder at the Dju shop located in Kimhae-si; (b) brought about a beer disease, which is a dangerous object on the table table; and (c) brought the victim’s head at a single time and put the victim into a beer room in need of treatment for about 10 days.
B. The lower court determined that the Defendant’s statement was insufficient to recognize that the victim’s statement was hard to believe and the remainder of the evidence submitted by the Prosecutor alone, and there was no other evidence to acknowledge it, in light of the following circumstances as revealed in the process of the pleading and the record of the instant case, as evidence supporting the core fact that the Defendant inflicted an injury upon the victim by putting the victim’s head on one occasion due to beer disease, as shown in the facts charged.
① In relation to the situation before and after the time, the victim stated that “the victim was faced with one another at the stage, and the defendant was able to get off his table and take a bath, and she saw him on the table table.” The victim stated that “the victim did not have any physical contact with the defendant, such as punishment for physical fighting with the defendant before and after she was faced by the defendant” (the court statement of the court below by the defendant), but the witness F, who was a witness of the victim at the time.