폭력행위등처벌에관한법률위반(공동폭행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is consistent in the investigative agency and the court below's decision consistent with the facts charged of this case, and each of the defendant and B's statements also conform to the facts charged of this case. Thus, the judgment of the court below which acquitted the facts charged of this case is erroneous in
2. Judgment on the prosecutor's assertion of mistake of facts
A. The lower court found the Defendant not guilty of the instant facts charged on the grounds that it is difficult to view that the evidence submitted by the prosecutor alone used the same method as indicated in the instant facts charged, without any reasonable doubt, that the Defendant abused E by means as indicated in the instant facts charged.
B. 1) In a criminal trial, the conviction should be based on evidence with probative value sufficient to cause a judge to feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's conviction, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). 2) In light of the above legal principles, E has made a statement consistent with the facts charged in the instant case at an investigative agency and the court below, and immediately after the traffic accident stated in the facts charged in the instant case (hereinafter referred to as "traffic accident in this case"), the defendant was punished for E and vagabonds.
However, in full view of the following circumstances admitted by the lower court and the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone was proven beyond reasonable doubt that the Defendant abused the victim in the same manner as the facts charged in this case.