The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the credibility of the grounds for appeal No. E, witness E, and the statement of the medical certificate of injury, the defendant may fully recognize the fact that the defendant inflicted an injury in excess of the victim's left shoulder as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the defendant on this matter is erroneous and adversely affected by the judgment.

2. Determination

가. 피해자 진술의 신빙성 1) 피해자는 경찰에서 최초로 진술할 당시, 피고인이 자신의 왼쪽 어깨쪽을 밀어 뒷걸음치다가 오토바이에 머리를 부딪히면서 바닥에 엉덩방아를 찧었고, 귀 뒷부분(왼쪽) 머리를 부딪혔는데, 지금도 쏴한 느낌이 있다고 진술하였다(증거기록 10, 11, 20쪽). 그런데 피해자는 원심법정에서, 피고인이 자신을 넘어뜨려 갈비뼈 부분을 오토바이에 부딪혔는데 머리도 띵하게 어지럽다고 진술하였다(공판기록 175쪽). 2) 피해자는 F에게 사건 후 통화를 하면서 ‘오토바이를 피하였고 부딪히지 않았다’는 취지로 이야기하였다

(113 pages 3) As such, the victim made a statement without consistency as to whether or not the part of the defendant was the back part of the defendant's personal injury or the part of the bones, etc., and as seen below, it is difficult to believe that the witness's statement and the part of the defendant's own injury are different. (b) F's credibility 1) F's statement was first made with the police at the time of the first call with the police, the defendant was pushed the victim by hand, and the victim was not faced with the head of the back part of the passenger's vehicle that the defendant was on the back part of the defendant's own injury (37 pages of evidence record), and the police statement was made that it is well known that the victim was faced with the victim's accurately at the time of the police statement (37 pages of evidence record).

(No. 43 pages of Evidence) 2 The latter is at the original court.