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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal of this case reported to 112 immediately after the instant case, and the statement from the investigative agency to the court of the court below was specific and consistent, and H, G, C, etc. stated to the effect that the Defendant did not witness the entire process of the dispute, or it is difficult to believe that there was a relationship between the Defendant and the victim, and whether the Defendant, at the time of her own, made it difficult for the Defendant to witness the entire process of the dispute or to believe that there was a relationship between the Defendant and the victim.
“Accom there was a trial charge to the effect that
In light of the fact that the court below acquitted the defendant of the facts charged of this case even if the defendant jointly committed assault against the victim C as stated in the facts charged of this case, it erred in the misapprehension of facts.
2. Determination
A. The lower court rendered a not guilty verdict on the facts charged of this case on the ground that the evidence submitted by the prosecutor solely based on the facts stated in its reasoning was not proven without any reasonable doubt that the Defendant committed an assault against the victim, such as the facts charged, jointly with C.
B. In light of the following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below in addition to the circumstances properly explained by the court below, that is, the victim was in an interesting situation, such as gathering dubling with C at the time, opposing bathing, and disputing dubling, etc., and immediately after the instant case, the victim cannot be ruled out that the victim was in an exaggeration of the circumstances of C and C fighting, and the victim made a statement that "the defendant was pushed down while putting a fighting with C at the first time after opening the fighting with C," the above judgment of the court below is just and acceptable, and the prosecutor asserts in the grounds of appeal.