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The prosecutor's appeal is dismissed.
Reasons
1. According to the statement of the victim's credibility of the grounds for appeal, the defendant's act does not constitute a legitimate defense, in light of the following: (a) the defendant, as stated in the judgment of the court below, was found not only to have frightend the victim to escape from the attack of the victim, but also to have frightened the victim by hand; and (b) the defendant's act does not
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case and erred by misapprehending the legal doctrine on the defense of a political party, thereby adversely affecting the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged in this case is as follows: (a) around 23:00 on May 28, 2014, the Defendant: (b) brought a dispute with the victim A (47 years of age) and the party room before the “F Party Mayor” located in Songpa-gu Seoul Metropolitan Government on May 28, 2014; and (c) had the victim knife with the victim’s hand with the victim’s hand, humfed with the victim’s hand; and (d) caused the victim to go beyond the victim’s hand, and (e) held the victim as a complete escape for about four weeks on the left-hand side of Songpa-gu.
B. The lower court determined based on the evidence, and the following circumstances acknowledged by the lower court: ① The victim, in the investigative agency and the court, was able to take the Defendant’s timber in a defensive manner by putting the victim’s head at his/her hands first, but thereafter, the victim, who was far away from each other, was tightly tightly moving to the victim and tightly moving to the victim, thereby leaving the victim’s neck.
The statements made by the victim are inconsistent with the facts charged in the instant case, and ② The Defendant, from the investigative agency to the court of the court of the court below, was in a situation where it is difficult for the victim to keep his own timber and keep his own neck up until the court of the court of the court below, and thus, it was inevitable that the victim’s hand was over to the victim.
A consistent statement is made, ③ A witness is a witness.