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The prosecutor's appeal is dismissed.
Reasons
1. The court below rejected the credibility of each of the statements made by the victim FF and G, despite the full credibility of the grounds for appeal (misunderstanding of facts), and acquitted the facts charged in this case. The court below erred by misapprehending the legal principles on the facts charged in this case.
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 judgment was clearly erroneous in the first instance judgment 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 in the first instance court.
Unless there are extenuating circumstances to see the credibility of the statement made by the 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 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 believe the victim F and G each statement as it is in full view of various circumstances presented by the lower court.
The judgment of the court below was erroneous.
There is no other evidence to prove the facts charged of this case, and there is no other evidence to prove the facts charged of this case, and the judgment of the court below which acquitted the defendant of this case
shall not be deemed to exist.
Therefore, prosecutor's assertion is not accepted.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 prosecutor's appeal is without merit. It is so decided as per Disposition.