모욕
The prosecutor's appeal is dismissed.
1. In light of the evidence submitted by the prosecutor of the gist of the grounds for appeal, in particular, the victim’s statement is specific and consistent, credibility, witness E also gives testimony consistent with the victim’s statement, etc., the charges of this case can be sufficiently recognized.
Nevertheless, the court below acquitted the defendant, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. The lower court determined that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant insultd the victim, and that there is no evidence to acknowledge otherwise pursuant to the latter part of Article 325 of the Criminal Procedure Act, on the grounds that: (a) the victim was assaulted by the Defendant on the first day of the instant case; (b) the victim was accused of the assaulted by the Defendant; (c) the credibility of the statement, such as the lack of consistency in the statement; and (d) the witness E’s statement at the court of the lower court alone, in addition to the dispute that raised the voice of the Defendant and the victim; and (d) the victim could have been seriously disputed with the Defendant by considering the usual relationship between the Defendant and the victim; and (d) even if the victim did not appear in light of the circumstance in which the victim was accused of the offense of insulting the Defendant, the evidence submitted by the prosecutor alone is insufficient to acknowledge that there was no evidence to acknowledge the insult of the victim.
The burden of proof for the facts charged in a criminal trial shall be the prosecutor, and the conviction shall be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt, and this degree of conviction shall be formed.