폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal by the prosecutor (fact-finding) is consistent with the situation at the time from the police to the court of the original trial; the fact that I did not witness the situation at the time, which is the scene of the instant crime, is contrary to the empirical rule, and thus, I’s statement is not reliable; the J’s statement is not reliable because J’s statement is not consistent with the content of the written statement submitted by the original court and the legal statement of the J in the original court; and the fact that G’s statement of the police in the lower court cannot be rejected solely on the ground that the written statement by the police in relation to the Defendant was not written in relation to the Defendant’s crime, the credibility of G’s statement in the lower court cannot be rejected.
Nevertheless, the court below rejected the credibility of each statement of F and G and rendered a not-guilty verdict on the facts charged in this case, thereby erroneous determination of facts.
2. In order to reverse the judgment of the court below that rejected the credibility of each of the statements made by F and G, which are evidence supporting the facts charged in the instant case, the court below’s determination should be sufficient and acceptable. However, even considering the circumstances required in the grounds of appeal, it is not deemed as a circumstance to the extent that the court below’s determination is not acceptable, such as most of the circumstances already pointed out in the process of the trial of the court below and considered in the process of the judgment of the court below.
This is the following circumstances that can be recognized by the court below by integrating the evidence duly adopted and investigated by the court below, that is, the court at the time stated in the court below that "The defendant unilaterally saw two other persons, although they were unable to do so," and that "the defendant only speaks fighting and does not have F's head debt." (The 73th page and 74th page of the trial record). The court below stated that "I make a telephone statement to the police and the prosecutor's office."