The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant according to the evidence, such as the victim's statement and the written diagnosis of injury, is erroneous in the misapprehension of facts, although the facts charged in this case can be fully acknowledged.

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision was clearly erroneous regarding the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by a witness of the first instance trial and the result of the additional examination of evidence by the time the appellate trial is final and conclusive, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Based on these legal principles, it is difficult to see that the victim’s statement alone is admitted in light of witness E’s statement inconsistent with the victim’s statement, taking into account the following circumstances presented by the lower court.

The judgment of the court below was erroneous.

subsection (b) of this section.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in misconception of facts.

As such, the prosecutor's argument is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.