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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the victim F, witness G, and I’s statements and written diagnosis of injury, the judgment of the court below which acquitted the defendant of the facts charged in this case, despite the fact that the defendant was injured by the act of the defendant, is erroneous in the misapprehension of facts.
2. Determination
A. The following facts and circumstances are acknowledged according to the facts duly adopted and examined by the lower court and the circumstances.
(1) The Defendant consistently asserted that, from the investigation process to the trial process, the labor union members and the management staff who were dismissed as the management staff of E Co., Ltd. wanted to move back to the scene of a fighting and to remove those who want to fight from the body, and that there was no injury by pushing F’s shoulder, such as the written facts in the facts charged. However, the Defendant asserted that, in a large situation between the labor union members and the employees, the Defendant was able to take a degree of a higher degree of the left part of the labor union members and the employees, and that the Defendant was able to take a higher degree of the labor union members and the employees.
According to the statement of F and I, immediately after the instant case, F appears to have asked about whether to deal with the industrial accident while talking about the fact that he was about to find the Defendant, along with I, a workplace partner, and it is recognized that the Defendant responded to the purport that he was asked to report to the management department because he was not entitled to make a decision independently.
However, considering the contents of the conversation between the Defendant and F, it is nothing more than a reply to the relevant department in the course of responding to the F's question, claiming that he/she was suffering from his/her own act, rather than the person who was injured by the F's shoulder. The F also refers to the fighting of the Defendant in the process of making a statement in the lower court.