폭행
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (the fact-finding) the victim D's reliable statement, the injury diagnosis statement, injury photograph, investigation report, etc. supporting the above statement, the court below found the defendant guilty of the facts charged of this case. However, the court below acquitted the defendant of the facts charged of this case.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. The lower court rendered a not guilty verdict on the facts charged of this case on the ground that the evidence submitted by the prosecutor, including each of the above statements of the victim, cannot be deemed as proven without reasonable doubt, although the victim’s investigative agency and the court below made a statement in the victim’s investigative agency as direct evidence consistent with the facts charged of this case, in light of the results of CCTV reproduction viewing in the lower court.
In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.
Therefore, the prosecutor's assertion that the judgment of the court below which acquitted the defendant is erroneous in mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.