Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of the Reasons for Appeal: The court below erred by misapprehending the legal principles on the facts charged of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the court below rejected the statements made by the victim without reasonable grounds and by misunderstanding the facts that the defendant received a change of the defendant and thereby adversely affected the judgment.
In other words, the victim consistently stated the facts of assault by the defendant to the purport that the victim was assaulted by the defendant. ② Some contents of the attorney E’s written statement, a state appointed defense counsel in the case of property damage, correspond to the victim’s statement, and ③ the defendant refused to make a statement at an investigative agency and made it impossible to do so at the preparatory hearing, and the above written statement was submitted, and the victim was found to have been seated in the elevator upon the submission of the written statement. ④ The victim’s detailed memory, ④ the defendant’s method of assault is unsatisfy, and there was no person who was a public defender in the surrounding area, and the credibility of the victim’s statement cannot
2. The judgment of the court below
A. The lower court proceeded with a trial as a participatory trial, and the jury delivered a verdict of innocence on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case to the Defendant on the sole basis.
The original trial court accepted the results of the jury's verdict and pronounced not guilty on this part of the facts charged.
B. In other words, the victim's investigative agency and the court below's statement, which correspond to the fact that the defendant assaults the victim, are ① in the situation where the defendant's assertion and the statement of the victim conflict with each other, there is no reinforcement of objective evidence such as witnesses, etc. to support the victim's statement despite the fact that the case was committed within the public place called the court, and ② the victim is