폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. The court below found the victim not guilty of the facts charged of this case on the grounds that it is difficult to recognize credibility in the statement of the victims, but it is credibility in the statement of the victims in full view of the circumstances and attitudes of the victims who identified the defendant as the perpetrator.
Since such judgment of the court below is erroneous in matters of law.
2. The judgment of the court below and the evidence duly adopted and examined as follows. ① Whether the victim’s statement is the same person in charge of the victim’s h head, how the perpetrator’s appearance is increased, and whether the defendant’s conduct in assault is several persons, etc. are not consistent with the investigation agency’s statement and the court below’s decision. ② In particular, according to the victim’s statement, at least one of the defendant’s conduct appears to have not been involved in assault against the victims (No. 14-15 of the investigation record, No. 50 of the trial record, No. 72 of the trial record). ③ The defendant asserted from the investigation agency to the court of the court below that “It is difficult to view that the victim and the victim’s victim’s statement occurred between G and E, and it is nothing more than the victim’s statement to the effect that the defendant and the victim’s statement were presented to the police to the effect that it was not sufficient to prove the remainder of the facts charged, and that the defendant and the victim’s statement were not sufficient to prove that the victim were the victim’s 1.”
Therefore, the court below stated this.