beta
Text
1. The part of the judgment of the court below regarding Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor (misunderstanding of facts against Defendant A and misunderstanding of legal principles) found the victim B’s statement that conforms to this part of the facts charged, despite its credibility, and found the victim B’s statement not reliable, thereby not guilty of this part of the facts charged, and thereby adversely affecting the conclusion of the judgment.
B. The lower court’s imprisonment (six months of imprisonment) against Defendant B is too unreasonable.
2. Determination
A. The Prosecutor’s assertion of misunderstanding the facts and misapprehension of the legal principles is based on the following: (a) Defendant A and the victim B are the “victim”.
In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). The lower court: (a) based on the circumstances indicated in its reasoning, namely, ① in light of the victim’s assault on the day of the instant case’s appearance and degree of injury, and the weight of the insertion indicated in the instant facts charged, it is unclear whether or not the Defendant could gather comparison with the victim outside the gate; (b) there is no objective evidence that the Defendant’s assertion regarding the location of the insertion is false; (c) the victim stated that “the Defendant first displayed the neck;” (d) the existence of the said neck was not confirmed; and (e) it is unclear whether or not the Defendant who suffered from the injury of the chest was felbed; and (ii) the victim’s chest was feld by the Defendant.