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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (1) The victim made a statement in an investigative agency to the effect that he was unsatisfed by the defendant, and that there was a possibility that E could be smuggling at the court of the original instance, but the overall purport of the appeal is that the defendant was unsatisfed by the defendant, and that the statement made in an investigative agency was made at the time near the time when the crime was committed, and thus, he made a clear and accurate statement to the effect that E made a statement more clearly and accurately than the court of the original instance, and that E made a consistent and concrete statement to the effect that he had observed the victim's satisfe and satch during the process of shooting between the victim and the defendant's fighting in an investigative agency, and that there was credibility of the statement by stating that E had been witnessing the victim's satisfe at the court of the original instance. However, there is a difference
In light of the fact that it cannot be easily rejected, and the fact that the police and prosecutorial investigation consistently made a consistent statement to the effect that the defendant would fall down with the victim when investigating the police and prosecutorial office, the victim, E, and F’s statements are reliable. According to these statements, although the defendant could sufficiently recognize the fact that the victim was pushed down as stated in the facts charged of this case, the court below acquitted the defendant of this case, by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On January 19, 2016, the Defendant: (a) around the third floor stairs of the third floor of the building located in C when lighting around 01:50 on January 19, 2016; and (b) on the part of the victim D (18 years of age) who avoided disturbance, such as being drunkly challenged and disputing with others; (c) whether the Defendant “hicked and grow.”
The phrase, “,” etc. became a vision.
The Defendant’s body is tightly pushed to the glass door from which the Victim’s body was located.