상해등
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the victim of the facts charged, despite credibility of the statement consistent with the summary of the grounds for appeal, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
2. The lower court found the Defendant not guilty on the ground that the victim’s statement was not reliable, and the evidence presented by the prosecutor alone, based on the facts stated in its reasoning, was insufficient to deem that the facts charged in the instant case was proven without any reasonable doubt.
Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned fact-finding and determination is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the prosecutor, and thus, the Prosecutor
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.