Text
The prosecutor's appeal is dismissed.
Reasons
1. The court below rejected the credibility of the statement on the ground that the victim and witness's statements were partially reversed or they were inconsistent with each other. However, the part which determined that the statement was not reversed or partially inconsistent with the nature of the case is merely a scarcity which is not significantly related to the nature of the case, and the testimony of the victim and witness was made one year after the date of the occurrence of the case, and it is more natural that the detailed contents of the statement are somewhat different, and thus, it is not sufficient to dismiss the credibility of the statement. Thus, the court below found the defendant guilty of all the facts charged of the case.
2. Determination
A. The Defendant asserts that on the road on which he was carrying a son’s son and son’s son’s son and son’s son’s son and son’s son’s son’s son and son’s son’s son’s son’s son’s son’s son and son’s son’s son’s son’s son’s son
B. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or there are extenuating circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair in full view of the results of the first instance court’s evidence examination and the results of additional evidence examination by the time of closing argument in the appellate court, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility
C. The instant case.