사기등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the victim’s statement against the defendant’s appearance is unreasonable to consider that there is no credibility of the victim’s statement in the facts charged that there is no credibility of this part of the statement as a subjective part. Although the victim’s statement related to the place of accident is partially different, the difference is not significant, and when a large number of accidents occur, the victim’s statement is not an important part to the extent that the victim’s credibility is entirely impeachmentd.
Even so, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of the instant facts charged, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The lower court’s judgment, based on the records of this case, comprehensively on the following facts: (a) the credibility of the witness C’s statement is not recognized; (b) the Defendant was provided medical treatment at the Nuriwon on January 13, 2014, the date of the instant accident; and (c) the F’s statement and medical treatment by the above Hanwon’s oriental medical doctor F are consistent with the Defendant’s statement, the Defendant did not go against the D’s D’s car.
It is difficult to conclude that there was a deception, such as that the evidence submitted by the prosecutor alone was against the Defendant, even though the Defendant was not faced with the said visible car.
It is insufficient to recognize it, and judged that there is no other evidence to recognize it.
B. In view of the spirit of substantial direct deliberation adopted by the Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in the first instance judgment in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.
In full view of the results of the first examination of evidence and the results of the further examination of evidence conducted until the closing of the pleadings, the first examination of the credibility of the statement made by the first trial witness shall be conducted.