상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding and incomplete hearing) is consistent with the victim's statement, while it is difficult to believe that the defendant's statement continues to reverse and believe, it is reasonable to deem that the defendant inflicted bodily injury on the victim. However, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of facts and incomplete hearing
2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.
Even if there is no choice but to judge the interests of the defendant.
(1) In light of the above legal principles, the court below's decision of not guilty on the facts charged of this case is just and there is no additional evidence to reverse the above judgment of the court below. Thus, the prosecutor's above assertion is without merit. In light of the above legal principles, the court below's decision of not guilty on the facts charged of this case is just and there is no additional evidence to reverse the above judgment of the court below.
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.