폭행
The prosecutor's appeal is dismissed.
In light of the summary of the grounds for appeal (misunderstanding of facts) the statement at the investigative agency of the victim D and the photograph of the screen picture taken by the victim of the crime of this case, the court below acquitted the defendant of the facts charged of this case even though the defendant could have used the victim's body by threatening the victim's body as stated in the facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
Judgment
On the grounds indicated in its reasoning, the lower court: (a) on the grounds indicated in its reasoning, it is difficult to believe that a victim’s statement to the investigative agency on the facts charged of this case was not reliable; and (b) the remaining evidence submitted by the prosecutor alone constitutes a use of force that inflicts physical harm on the victim, namely, a assault under Article 260 of the Criminal Act, or a victim’s bodily harm on the victim;
It is not sufficient to recognize the recognition.
In light of the facts charged, the lower court acquitted the instant charges.
In full view of the circumstances admitted by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.