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The defendant's appeal is dismissed.
Reasons
1. Of the facts charged against the Defendant, the lower court rendered a judgment dismissing the prosecution as to the assault and injury of the Defendant, and rendered a judgment of conviction as to the injury of the Defendant. Since only the Defendant appealed on the guilty part of the lower judgment, the dismissal of the prosecution that the Defendant and the Prosecutor did not appeal was separated
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The summary of the grounds for appeal does not contain any objective evidence that the Defendant did not inflict any injury upon the Victim C, and that the Victim C suffered any injury, such as CCTV images or a written injury diagnosis.
Nevertheless, the court below erred in misunderstanding of facts that found the defendant guilty of injury among the facts charged against the defendant.
(3) In full view of the evidence duly admitted and examined by the court below on March 1, 200, the defendant made a statement to the court below on the second day of the trial. 3. The court below acknowledged that the victim C's statement was made under particularly reliable circumstances, and evidence is admissible pursuant to Article 316 (2) of the Criminal Procedure Act, immediately after the victim's arrival at the site of the case by the police officer (the witness D) who was dispatched after receiving the 112 report, the victim C was in a state of being faced with his her c, and the defendant was seated at a place less than 5 meters away from the victim C, and whether the police officer called out took place at the time of the dispatch, the victim C was able to make a statement (this part of the witness D's statement at the court below was unable to be made due to the death of the victim C, and the victim C's statement at the time of the above statement was made under particularly reliable circumstances. Accordingly, evidence is acknowledged pursuant to Article 316 (2) of the Criminal Procedure Act).