폭행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is consistent with the detailed and consistent statements from the defendant concerning the circumstances in which the victim was assaulted by the defendant, and the statements from the witness F also conforms to the statements and essential parts of the victim and the witness's statements may be sufficiently reliable in light of their contents.
Nevertheless, the court below rejected the statement of the above person and accepted the defendant's assertion and acquitted the defendant. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. The lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to recognize the credibility of each of the statements in the victim, the police officer of witness F, and the court below’s decision on the facts charged of this case, and there is no other evidence to acknowledge the facts charged.
In a thorough examination of the evidence of this case, the above judgment of the court below is just and it cannot be said that there is an error of mistake of facts, such as the prosecutor's assertion.
3. Therefore, 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.