beta
Text
The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (the factual error) is insufficient to prove that the defendant injured the victim, and thus, the court below acquitted the defendant of the facts charged in this case, which affected the conclusion of the judgment.
Judgment
The facts charged in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.
(See Supreme Court Decision 2002Do5662 Decided December 24, 2002, and Supreme Court Decision 2009Do1151 Decided July 22, 2010, etc.). The court below held that there is no evidence to prove the facts charged of this case since the victim E, witness F’s statement in each court of the original judgment, the photograph that the Defendant was faced with an injury to the victim among the video images taken by the cell phone by G, and the victim’s injury diagnosis statement, are hard to prove the facts charged of this case because there is no probative value or credibility, and there is no other evidence to prove the facts charged of this case. Even according to the fact inquiry result with respect to the head of the I Hospital which was investigated at the court of the first instance, the head of the I medical corporation and the J issued the injury diagnosis report according to the victim’s statement, but there was no injury or injury to the victim, considering these facts, the judgment of the court below is just and acceptable, and there is no error of mistake of mistake as otherwise pointed out by the prosecutor.
Therefore, prosecutor's assertion is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.