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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent from the investigative agency to the court of the court below to consistently stated that “the defendant made the victim’s right-hand injury one time by his left hand,” witness E and F also stated in the court of the court below that “the defendant and the victim made flobbling and drinking with each other,” and the above statement conforms to the victim’s statement, and the victim’s injury part and degree in the injury diagnosis certificate correspond to the victim’s statement. In full view of these circumstances, the victim’s statement is credibility. Accordingly, according to these victim’s statement, it can be sufficiently recognized that the defendant inflicted an injury by assaulting the victim as stated in the facts charged, even though there is insufficient proof as to the facts charged.
The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
2. Determination
A. The lower court found the Defendant not guilty of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant actively sold the victim with the intent to injure, on the ground that, comprehensively taking account of each legal statement of the witness D, E, and F, the Defendant was at the price of drinking face several times, and it appears that the Defendant was aware of the fact that he was at the victim’s body, and that the Defendant was at the price of drinking face, and this appears to be an act to stop the victim’s assault.
B. 1) The first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial, in view of the spirit of substantial direct and psychological principle adopted by the Criminal Procedure Act.
The credibility of the statement made by the witness of the first instance trial, in full view of the results of the first examination of evidence and the results of the additional examination of evidence until the closing of the appellate trial.