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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. (Before Amendment) On April 17, 2014, the Defendant: (a) around 18:35, 2014, the Defendant: (b) heard that the Victim F (the 54 years of age), who was talked with E in front of the D ticket office located in Jongno-gu Seoul Jongno-gu Seoul, was taking an examination of the Victim F (the 54 years of age), who was feated, was feated and kneeed for a 14-day medical treatment for the next victim; and (c) knee kne, knee, knee, kne, knee, and e
2. The lower court found the Defendant not guilty on the following grounds that it is difficult to view that the facts charged are proven beyond a reasonable doubt solely with the evidence submitted by the prosecutor.
(1) There is no testimony from F as evidence corresponding to the facts charged.
② In light of the witness E’s statement as witness witness E (E was initially talking with the Defendant or dialogueed with the Defendant immediately before the instant case, it is difficult to believe the F’s statement in F’s legal and investigative agency, in light of the following: F’s background leading up to the commencement of the sudden test against the Defendant; F’s passive response to F’s vision; F’s content of punishment; F’s 112 reporting; and the overall circumstances thereafter, etc.).
③ It is insufficient to recognize the instant facts charged only with the certificate of injury and photographs with respect to F.
3. The prosecutor’s appellate brief summary of the reasons for appeal (the fact-finding) is consistent with the injury diagnosis and photograph and thus credibility is recognized. Accordingly, the defendant’s injury (or assault) is recognized.
Comprehensively taking account of the following circumstances, the defendant's theft is proved by evidence.
4. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for permission to amend an indictment with the content that the facts charged were modified as follows, and the subject of the judgment was changed by this court. Thus, the judgment of the court below is greater.