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The appeal by the prosecutor is dismissed.
Reasons
Summary of Grounds for Appeal
Considering the fact that the victim consistently states that there was a difference in the glass of the defendant, and that the heat suffered by the victim is not a difference in glass, but a difference in glass, the fact that at the time of the instant case, the defendant was suffering from a difference in glass, and that the injury was inflicted on the victim, can be acknowledged.
The sentence of unfair sentencing (one million won of a fine) in the original judgment is too unfeasible and unfair.
Judgment
There are statements and injury diagnosis certificates in the police of the victim C and in the court of the original instance, as evidence of the fact that the defendant committed an injury to the victim because the defendant was free from the victim's assertion of misunderstanding of facts.
However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim was in the emergency room of the F Hospital immediately after the instant case and stated that “the victim was satisfly in the atmosphere” to the doctor in charge (Evidence 9). After the lapse of 2 years and 5 months from the date of the instant case, the Defendant filed a complaint with the Defendant during the divorce lawsuit, and “after the lapse of 2 years and 5 months from the date of the instant case, the Defendant was satisfly in the favor of the Defendant.” Although the victim made a consistent statement on the background of the injury from the investigation stage, it is difficult to believe the victim’s statement as it is, in light of the following circumstances, in light of the fact that the victim did not coincide with the details of the injury inflicted at the hospital immediately after the instant investigation stage, and there is a possibility that the Defendant and the victim may make an exaggeration statement about the situation of the instant case and the degree of damage in favor of him/her during the instant divorce lawsuit.