폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant inflicted injury on the victim A, as stated in the facts charged in this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. Except in exceptional cases where it is deemed remarkably unfair to maintain the first instance judgment on the credibility of the statement made by the witness at the first instance trial, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness at the first instance trial differs from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (b) The lower court did not err by misapprehending the legal doctrine on the presumption that the victim was hospitalized at F hospital for other health reasons, but on the other hand, the victim was hospitalized at the F hospital “as of the first instance judgment,” “as of the first instance judgment, she is deemed to have been hospitalized at the latest 2nd day of the instant case,” “as of May 27, 2015,” the victim was deemed to have “as of the first instance judgment,” “as of the first instance judgment, she was issued at the latest 5th day of the instant medical examination.”