beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (misunderstanding of facts), the credibility of the victim’s statement is recognized.
The defendant assaulted the victim as stated in the facts charged.
2. Determination
A. On October 11, 2014, from around 04:00 to around 04:30, the Defendant assaulted the victim by her hand on the ground that the victim D (V, 35 years of age) took a bath to himself/herself.
B. The direct evidence supporting the facts charged in the instant case is a witness (E)’s statement in the investigation agency and court of DNA, and in the investigation report prepared by the police officer at the time of the instant case.
However, as seen below, it is difficult to believe that the E’s statements stated in the D’s respective statements and investigation reports are in good faith, and other evidence submitted by the prosecutor alone is proved without reasonable doubt that the Defendant was injured by D as stated in the facts charged.
shall not be deemed to exist.
1) On October 13, 2014, after the instant mold, D, on October 13, 2014, performed by the investigative agency on the following day: “The Defendant was dumped with dump and dumped with dump.
(A) In addition, knee and knenee will also lead low portion of the body to report and have it as its news.
The author, as a woman, has defended to the maximum extent to be known by the upper wife, but it divided the clothes into the floor with low fluent brush and low brushes sufficient to do so.
In addition, it has become the police by shouldering the so-called 's own will'.
The statement to the effect that " was prepared and submitted, but on October 30, 2014, the investigation agency prepared and submitted a brush with the Defendant "(the Defendant)", brushed with the brush with the Defendant's hand, and pushed the Defendant's chest with the Defendant's hand.
In the process, the plastic plastic paper, which was cited by it, was depreciated, and the male, who was fluor, did not take the fluoral disease.