폭력행위등처벌에관한법률위반(공동상해)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The court below's rejection of the victim F's statement rejected by the court below on the grounds of appeal (misunderstanding of the facts) is erroneous in the misapprehension of facts, on the ground that it is reliable considering the following circumstances.
(1) Statements made by a victim shall be consistent with important parts, such as the background of the victim's injury and part of the injury.
② The victim did not immediately report on the spot because it is likely that the victim might be abused again, and reported to the nearby police station immediately after he was absent from the scene.
③ The content of the victim’s bodily injury photographs and the medical certificate of injury conforms to the method of injury of the Defendants stated in the facts charged.
2. Determination
A. The lower court acquitted the victim of the instant facts charged on the ground that the victim’s statement in the lower court and the investigative agency’s statement were not reliable, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.
B. Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone presented by the prosecutor that the facts charged in the instant case were proven to the extent that there is no reasonable doubt.
Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.
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.