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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the victim’s statement is highly reliable since the victim has made a reasonable and consistent statement from the investigative agency to the court below on the details of the damage and its authenticity.
In addition, the statements of G are highly reliable when the victim transferred the fact of damage from the victim.
Nevertheless, the court below rejected the credibility of each of the statements made by victims and G and acquitted the defendant. The court below erred by misapprehending the facts.
2. In light of the fact that the criminal appellate court has the nature as an ex post facto trial and the fact that the appellate court directly observed the appearance and attitude of the witness in the process of witness examination as to the witness supporting the facts charged, even though the appellate court judged that the credibility of the witness's statement cannot be acknowledged, if the appellate court reverses it and decides that the credibility of the witness's statement can be acknowledged, it should be said that the first instance court's judgment rejecting the credibility of the statement can be acceptable, and that there is a sufficient and satisfactory circumstance to understand it.
(2) In light of the above legal principles, the court below’s judgment that acquitted the Defendant of the facts charged of this case on the ground that, in light of the above legal principles, examining the reasoning of the judgment below in comparison with the evidence duly admitted and examined by the court below, it is hard to view the credibility of the facts charged to the extent that there is no reasonable doubt as to the victim’s statement and the facts damaged by the victim’s statement, and that there is no credibility to the extent that the facts charged are true, and that there is no reasonable doubt as to the facts charged of this case.
There is no error of misconception of facts, such as the prosecutor's assertion.
3. Conclusion, prosecutor.