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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds of appeal, the court below found the defendant not guilty on the grounds that there is insufficient evidence against the defendant, even though the defendant has been sufficiently recognized that the defendant inflicted an injury by assaulting the victim, such as A, B, and L, at the date, time, place specified in the facts of the crime in the judgment of the court below. In so doing,
2. The Defendant, after being investigated by the police, denied the crime from the police to the trial court, and there is a victim’s statement and a written statement of M that corresponds to the facts charged against the Defendant.
First of all, the following circumstances that can be recognized based on the evidence duly admitted and recognized by the court below and the court below as to the victim's statement, i.e., the victim's assaulted from A at the time of the instant case have been consistently stated since the police investigation conducted by the police. However, as to whether the victim was subject to the Defendant's assault, the police officer's "at the same time, four persons assaulted at the scene of the assault so that he did not have any light."
“Catching” (Evidence No. 30 of the record) and “Fatching fatum” in the court of the court below.
(e) The same outline of clothes, boomed with hand, such as lags;
I make a statement "(the trial record No. 299 of the trial record)," and in the trial court of the political party, I will accurately memory that women A is fit for, and will make it difficult to memory with several male people following it.
The face surrounded by the 3 to 4 order test was not accurately viewed in this situation.
The statements, such as the statement, are inconsistent or unclear.
Next, the purport of the M's written statement is that "one female and two male persons who are male only when they are in the first place, and one male only when they are in the second place, and that he was in the first place."