상해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal by the prosecutor (fact-finding) is that the victim, from the investigative agency to the court of the court below, made a consistent and concrete statement as to the situation at the time, instead of the victim, it is not easy for the defendant to witness the victim's plucking or plucking up the victim's hand, the victim was not under the influence of alcohol to the extent that the situation at the time was not properly memory, and the F consistently made a statement that the victim was hicking from the victim that the victim was hick. In light of the above, the victim's statement is credibility.
Nevertheless, the court below rejected the credibility of the above statement and pronounced not guilty of the facts charged in this case, and the court below erred in mistake of facts.
2. In order to reverse the judgment of the court below that rejected the credibility of the victim’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should not be seen as circumstances to the extent that the judgment of the court below is not acceptable, such as where it appears to be circumstances already pointed out in the process of the court below’s trial and considered in the process of the judgment of the court below.
This is more so in light of the following circumstances, which can be recognized by the court below by integrating the evidence duly adopted and investigated by the court below.
At the court below’s testimony, the victim stated that “The defendant was plicked and plucked of the victim’s hand, but F was only plicked, and F was considered to have been flicked, and as N (G) was flick to flick,” the defendant stated that “I d (victim)” was “I flick. At that time, I see that I flick was flick.”
(No. 69 of the trial records).