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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal C is consistent with the specific and consistent statement to the effect that “the defendant made a statement about the victim G as described in the facts charged in this case,” thereby recognizing the credibility of the statement, and it is consistent with the K’s statement, but the court below rejected it and acquitted the facts charged in this case, and it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge not having reasonable doubt that the facts charged are true, to the extent that there is no room for a reasonable doubt, so if there is no evidence to establish such a degree of conviction, the defendant is suspected of guilty even if there is no evidence to establish such a conviction.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2007Do163 Decided November 30, 2007, etc.). B.
As to the instant case, principal facts constituting the facts charged in the instant case
There are statements in C’s police, prosecutor’s office, court below, and this court. However, it is difficult to recognize credibility in light of the following circumstances, which can be known by the evidence duly adopted and investigated by the court below and this court:
1 C at the time of the first investigation by the police, to the effect that “the defendant made the same remarks as the entries in the facts charged in this case against the victim at the location of 3 persons in itself and D, and there were many people who have engaged in or play in the surrounding areas at the time, but he would know about his personal information.” The two-time investigation by the police was carried out by the police, “The defendant and the defendant were only twice more than twice at the mother of the National Sports Center next to the defendant, and there was any other D. At the same time, the defendant made the statement as to the victim as described in the facts charged, and at the time, the E was not at the scene, and K was also at the same time.