특수상해
The prosecutor's appeal is dismissed.
1. The court below rejected the credibility on the ground that the complainant made a partial inaccurate statement about the situation at the time, and found the defendant not guilty of the remainder of the facts charged in this case, which was accepted as rice. The court below rejected the credibility on the ground that the complainant's statement was not limited to minor differences shown in the complainant's statement, and judged the defendant not guilty on the other facts charged in this case on a different premise. The court below erred by misapprehending the facts which affected the conclusion of the judgment, in full view of the consistent statement of the complainant, the injury diagnosis statement, and the video of the injured part of the facts charged in this case.
2. Determination
A. The public prosecutor is responsible for proving the facts constituting the offense charged, and the recognition of the facts constituting the offense ought to be based on the evidence with the probative value beyond reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.
Based on the above legal principles, the court below rendered a not guilty verdict on the facts charged of this case on the grounds that it is difficult to believe the complainant's statement, the only direct evidence concerning the facts charged of this case among the evidence submitted by the prosecutor, and there is no other evidence to acknowledge it. In light of the above judgment of the court below after closely examining the above judgment and the fact that it is difficult to easily understand that the defendant's act as to the facts charged was committed against the complainant who had been on the side, and that it is difficult to understand that the defendant's act as to the entries in the facts charged was committed, the court below's decision to acquitted the defendant on the facts charged of this case is just and acceptable, and there is no error of law by mistake of facts alleged by the prosecutor
3. Thus, the prosecutor's appeal is without merit.