폭행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) reveals credibility in the statement of the victim D of the instant case, and the Defendant stated that “the Defendant was satisfing each other,” and “D’s clothes” by the police are partially consistent with the statement of D. Thus, the Defendant may be found to have abused D.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misconception of facts.
2. The lower court determined on the grounds that: (a) the statement of D is not reliable in light of the content of the statement, the face state of D immediately after the case, and the motive for false statement; (b) the Defendant’s use of a part of the statement made by an investigative agency cannot be acknowledged; and (c) the Defendant’s use of a certain statement made by the investigative agency cannot give a higher probative value to D’s statement under the circumstances where the Defendant consistently denies the fact of assault; and (d) the
The court determined that it could not be seen.
In light of the above judgment of the court below and the thorough review of the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the public prosecutor.
shall not be deemed to exist.
In addition, there is no other new evidence in the appellate court to support the fact that the additional prosecutor asserts in the grounds for appeal.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.