beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the detailed and consistent statement of the victim as to the main part of the crime in the summary of the grounds of appeal, the motive and circumstance of the crime, the diagnosis of injury, and the victim's winter photographs, etc., it is recognized that the defendant intentionally fell from the smuggling floor by making the victim suffer from the victim's bodily injury, such as the defendant's act and the injury inflicted on the victim's bodily injury, and then cutting off the victim's arms by inserting them into both arms and cutting off the arms, and that causation between the defendant's act and the injury inflicted on the victim is also acknowledged.
Nevertheless, the court below rendered a not-guilty verdict on the facts charged on a different premise. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.
2. Determination
A. A. On May 26, 2016, the summary of the facts charged is that the Defendant: (a) around 08:55 on May 26, 2016, the Defendant: (b) placed the victim D (the age of 85) who is the mother of the Defendant’s mother in the Busan East-gu B apartment C, Busan-gu; (c) placed the victim at the bed and was about to exceed the 5th floor of the building located in the Busan Jin-gu; (d) stated that the victim D (the age of 85) tried to go beyond the 5th floor of the building located in the Busan Jin-gu; and (e) put the victim at the bed and pushed back the back part of the victim’s back, and caused the victim to fall off the part of the victim, and (e) caused the victim to suffer from the victim’s 21st floor by inserting his arms and cutting off his arms, thereby causing approximately 21-day injury, such as sexual salking in need of treatment.
B. The lower court rendered a not guilty verdict on the grounds that the evidence submitted by the prosecutor alone cannot be deemed as proven without reasonable doubt, and there is no evidence to prove otherwise, in full view of the following facts and circumstances revealed by pleadings and records.
(1) A victim shall be the victim on September 2019.