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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the statements made by the victim C by the misunderstanding of facts are specific and consistent, despite the existence of credibility, the lower court acquitted the facts charged of assault against the victim C by misunderstanding of facts.
B. The sentence of the lower court that is unfair in sentencing (1,00,000 won) is too unhued and unreasonable.
2. Determination
A. As the prosecutor’s assertion on factual misunderstanding, C consistently stated that the Defendant was assaulted by the Defendant (75,76,81,82 court records), and C’s husband F was also the husband of C in the court of original instance in the court of original instance.
C I tried to have been divided.
The Defendant made a statement about C’s assault damage, such as “a statement” (the trial record 89,90 pages). On the other hand, the Defendant was not in a situation of C, because he did not assault C, and she did not flickly flick and flicked with the other male and the other male, and flicked and flicked with his body.
The charges of assault against C are consistently denied from the police investigation stage to the trial of the party (Evidence No. 62 pages of evidence, trial record No. 44 pages). A, the wife of the Defendant, was also a “Defendant C” in the court of original instance.
C The face is faced by the floor.
A man (F with F) has prevented this accused, so the accused was not at the time of the accused.
There was no possibility for the defendant to leave.
“The Defendant or the Defendant’s statement also is specific and consistent to the effect that the Defendant or the Defendant’s statement was unable to make the Defendant’s statement of damage to C. G police, which is the husband’s form of her husband, “The Defendant and F were flicked, pushed down, pushed down, and fighted on their body,” and the Defendant’s shoulder was flicked in order to restrain fighting.
“The 70th page of the record of evidence)” is also consistent with the statements of the defendant or the defendant A.
Furthermore, F does not directly witness the face of violence, and G through each statement of A and G, the Defendant and the Defendant at the site.