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The prosecutor's appeal is dismissed.
Reasons
1. Although it is reasonable to determine the guilty of the facts charged in this case, the court below erred in the misapprehension of legal principles or erroneous determination of facts, in light of the following: (a) the statement of C and the police statement of C, which were made in a particularly reliable state; and (b) the admissibility of evidence under Article 314 of the Criminal Procedure Act is recognized; and (c) the statement of C and the statement of D, which were made in an investigative agency of the above C, and the statement
2. Determination
A. On September 11, 2017, the Defendant: (a) around 15:30 on September 15, 2017, the summary of the facts charged in the instant case: (b) had a long-term knowledge of having lent to the victim B (74 years of age) by himself/herself to another person; (c) had the victim and the Si expenses with respect to the personal park; (d) had the victim and the victim; (e) had the victim obtained a prote for delivery, which is a dangerous object from the victim; and (e) had part of the stick, had the victim’s head at one time by gathering it.
In this respect, the defendant carried dangerous objects and assaulted the victim.
B. As to the C’s written statement and the police written statement of C, the lower court may exclude a reasonable doubt that there is no room for false intervention and there is a specific and external circumstance that ensures the credibility of the content of the statement, taking into account the following: (a) the Defendant denied the instant facts charged from the investigative agency and there was a witness’s statement in support thereof; (b) C was under investigation by the police on the same day; (c) there was no additional investigation or examination even if the Defendant and C was placed at the police station; (d) C was subject to a summons notice for the examination of a witness; and (e) C was not present at the court without any reason after receiving a summons notice for the examination of a witness; and (e) the telephone number was not changed.