상해
The prosecutor's appeal is dismissed.
1. The defendant's statement of the victim C, in light of the fact that the victim's back head was taken over several times on the video taken by the defendant's side of the gist of the grounds for appeal, is reliable, and even if the elderly D has reversed part of his statement, D's statement in an investigative agency is reliable, and considering that there is no credibility of the victim's back head and E's statement between the defendant and his child is not reliable, the court below found the defendant guilty of the facts charged of this case on different premise. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On June 26, 2013, around 13:30 on June 26, 2013, the Defendant: (a) informed the Defendant of the instant facts charged on the street in front of the site of the construction of the Dansan Gyeong-gun, Nannam-gun, Nannam-gun, Nannam-do, and on the ground that C (the age of 65) consenting to the construction of the Dandong-do, the Defendant informed the Defendant of the right to prevent the Defendant from entering the water resources construction vehicle with the Defendant’s vehicle, thereby causing injury to the victim, such as cerebril, which requires approximately two weeks of treatment.
B. The lower court determined that each of the statements made by the police officers on the victim C and D, who correspond to the facts charged in the instant case, and the witness D’s legal statement was not reliable and there was no proof of a crime, and thus acquitted the Defendant pursuant to the latter part of Article 325 of the Criminal Procedure Act.
C. The prosecutor bears the burden of proving the facts charged in a single criminal trial for the first instance judgment, and the conviction of guilt shall be based on evidence with probative value sufficient for a judge to have a reasonable doubt that the facts charged are true, so such evidence shall be used.