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The prosecutor's appeal is dismissed.
Reasons
1. The lower court rendered a judgment of not guilty on the ground that the statement made by the victim D investigation agency that corresponds to the facts charged in the instant case falls short of consistency in its main part, while the victim’s statement made in the lower court to the effect that “the Defendant did not have any act identical to the facts charged” was more reliable.
In light of the fact that “the victim from the police investigation process to the prosecution investigation process,” unlike the Defendant stated sniffed fish, the Defendant appeared as a witness in the court of original instance, and siffed with siff by itself during the process of siffing “a witness in the court of original instance,” the Defendant’s statement to the effect that siffed with siffed with siff and siffed with an investigative agency, but the statement in the investigative agency on the instrument of crime, the part of the injury, etc., was reversed specific and consistent, and the circumstances leading up to the reversal of the statement unilaterally favorable to the Defendant at the court of original instance,
Nevertheless, there is an error of misconception of facts in the judgment of the court below that found the victim not guilty of the facts charged of this case, based on the reliable statement in the court below.
2. Determination
A. The summary of the facts charged was around 22:30 on December 28, 2018, the Defendant: (a) while drinking alcohol at the house of the Victim D, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu; (b) was only withdrawn from alcohol from the victim; and (c) on that hand, the Defendant: (a) placed an injury on the part of the victim’s left part of the fluent salt, which is a dangerous and dangerous thing, on one occasion due to the fluent salted shing of the horses; and (b) inflicted an injury, such as 1.3 cm of the left part of the flued eye, which requires treatment for 14 days by hand, on the part of the flued rice victim.
B. In full view of the following facts and circumstances admitted by the evidence of the lower court, the evidence submitted by the prosecutor alone is as stated in the facts charged.