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The prosecutor's appeal is dismissed.
Reasons
The main point of the grounds for appeal (the factual error, the misunderstanding of legal principles) is the defendant's unilateral assertion that the victim was defending against it, and the court below acquitted the defendant, even though the defendant cannot be viewed as a legitimate act according to the victim's statement, the court below erred by misapprehending the legal principles as to the legitimate act, and by misunderstanding the facts,
Judgment
Where the Defendant consistently denies the facts charged and the victim’s statement is practically the only direct evidence consistent with the facts charged in the record, in order to find the Defendant guilty of the facts charged by solely based on the victim’s statement, the high probative value is required so as to have little doubt about the authenticity and accuracy of the statement. In determining whether such probative value exists, the victim’s statement should be comprehensively taken into account not only the reasonableness, consistency, and objective reasonableness of the statement itself, but also personal elements such as the victim’s sexual character.
(See Supreme Court Decision 201Do16413 Decided May 10, 2012). The burden of proof for a crime prosecuted in a criminal trial exists with respect to the prosecutor, and the recognition of guilt ought to be based on the probative evidence having probative value that leads to a judge to feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant.
In full view of the following facts and circumstances admitted by the evidence duly admitted and investigated by the lower court, the lower court’s determination that the Defendant’s act constitutes a justifiable act is justifiable, and thus, the Prosecutor’s allegation in this part is rejected.
The injured party is the defendant at the court of the original instance.