폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that it is difficult to expect the victims to memory the detailed part of the case considering that the victims were drinking alcohol at the time and were given testimony at the court after one year after the case. The victims' major damage facts have been consistently stated, and the victims' statements are consistent with the part that they were assaulted against the victim's injury. Thus, the victims' statements are credibility.
In the first instance judgment rejecting their credibility, the lower court erred by misapprehending the facts.
2. The first instance court found the Defendants not guilty of the facts charged on the grounds that it is insufficient to recognize the facts charged on the grounds that the statements of the victims were not contrary to or consistent to CCTV images or circumstances, and there is no other evidence to prove otherwise.
In a thorough examination of the evidence of this case, there is a part of the prosecutor's assertion regarding the method of assault by Defendant A, reason for shoulderion, reason for termination of circumstance, and person who reported to the police among the contents presented by the first instance court on the grounds of rejecting the credibility of the statement of victims.
However, the court below's statement on the victim E's verification color brokerage, statement of the reasons why the victim F's toilet was entered, victim E who was marked in CCTV was emitted from the main toilet and the overall increase, and the victim E, at the time of the police investigation, was teared by Defendant A's assault in the police investigation.
In addition, in addition to the fact that the part of the crowdfunding was taken to photographs, the first instance judgment on the credibility of the victim's statement was clearly erroneous.
It is difficult to see that the trial party is also hard to believe the statements of the victims who correspond to the facts charged as they are.
Determinations shall be made.
We do not accept the prosecutor's assertion of mistake.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.