상해등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the victim’s investigative agency and the prosecutor, including the statement in the lower court’s court, the gist of the grounds for appeal can be sufficiently recognized that the Defendant assaulted the victim on November 10, 2015, and inflicted injury on the victim on November 11, 2015.
Nevertheless, the court below rendered a not-guilty verdict on each of the facts charged in this case. The court below erred by misunderstanding facts or misunderstanding legal principles.
2. The judgment below is hard to believe that the statements of the victim's investigative agency and the court of the court below in detail, while explaining the grounds for its judgment in detail.
On the other hand, the lower court acquitted each of the charges of this case.
Examining the evidence duly admitted and examined by the court below in light of the records, the court below did not err by misapprehending the legal principles as alleged by the prosecutor, since the court below's determination that the victim's statement was not reliable or cannot be deemed to have been clearly erroneous or considerably unfair. In the same purport, the court below acquitted each of the charges of this case.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.