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The prosecutor's appeal is dismissed.
Reasons
1. According to the records, the court below found the defendant guilty as to the damage of property among the facts charged in this case and found the defendant not guilty as to the violation of the Punishment of Violences, etc. Act (joint assault), and only the prosecutor appealed against the above facts. The scope of the trial of the party shall be limited to the acquittal part of the judgment below.
2. The judgment of the court below that acquitted the defendant, despite the defendant's assaulting the victim jointly with D and E, is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment.
3. Determination
A. On August 4, 201, at around 16:00 on August 16, 201, the Defendant, along with the Defendant’s wife D and son E, who was the Defendant’s father, had a dispute over whether the mountain ginseng sold to the victim C, G, and H in the F restaurant in Jung-gu Seoul, Jung-gu, Seoul, had the Defendant left the Defendant’s hand floor by putting the victim’s knick at one time, and was pushed down, D, and E by combining it so that it could not occur while pushing the victim.
Accordingly, the defendant assaulted the victim jointly with D and E.
B. The judgment of this Court was examined, and there was a victim's statement and witness G and H's statement as direct evidence of the charges of assaulting the victim on August 4, 2011.
However, the victim's statement was made to the effect that "the injured party entered the restaurant "F" operated by H on August 4, 201, at around 16:00, he was drinking from the Defendant of the mama, and the victim was assaulted by the Defendant, D, and E while going beyond, and the victim was assaulted by the Defendant, D, and E, and the victim was first admitted to the Bobabbbb, but later did not first see G but later come from the host." On the other hand, G's statement made to be a customer at Bolibabbbb, "the victim was in the restaurant at the above temporary border, but the victim was her father and son, his father, his father, his father, and the victim."