상해
The prosecutor's appeal is dismissed.
1. The court below acquitted the victim on the ground that it is difficult to believe the victim's statement although the facts charged in this case were found guilty according to the summary of the grounds for appeal (the mistake or misapprehension of the legal principle).
Therefore, the judgment of the court below is erroneous in misconception of facts or misapprehension of legal principles.
2. Examining the various evidences duly adopted and examined by the court below, closely, the court below's determination is insufficient to recognize the facts charged of this case even based on all the evidence submitted by the prosecutor, as properly stated by the court below, and there is no other evidence to acknowledge them.
Therefore, the judgment of the court below which found the defendant not guilty of the facts charged of this case is just, and it cannot be viewed that there is an error of mistake of facts or misapprehension of legal principles as argued by the prosecutor.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.