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The prosecutor's appeal is dismissed.
Reasons
1. Although the victim C and witness D have consistently and specifically stated the facts charged in the instant case at the investigative agency and the court below, the court below rejected the credibility of their statements and acquitted the defendant of the facts charged in the instant case, there is an error of law affecting the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. Unless there are exceptional cases where maintaining the first deliberation decision on the credibility of the statement made by the witness of the first instance trial is deemed to be remarkably unfair, the appellate court may not arbitrarily reverse the first deliberation decision on the ground that the first deliberation decision on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s decision (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) In light of the above legal principles, the lower court: (1) The victim received the victim’s chest on his head and saw the victim’s batch and batch each other.
Although D made a statement, D made the victim's chest by drinking by the defendant.
The Defendant stated that the victim and D submitted the USB containing a sound of dispute with the victim when they were in their own possession, and that there was a conversation between the victim and D from the time when the victim and D were in the office of the Defendant to the time when the police officer called out. The contents mainly aim to cause a fighting by the victim, who was under the influence of alcohol, with the intent of causing a fighting between the defendant and the victim, and D, with their desire to bring about a fighting between the victim and the victim, and the defendant filed a report to the police in the process of the fighting, and ③ the victim and D display their knife and knife the Defendant.
However, the police officers who were called in the process of disputing them did not find their knife or kis at the defendant's house even though they found their knife or kis at the defendant's house. ④ With regard to the time when the defendant was taken the victim's chest and flabed, the victim knife was the defendant.
(b) the goods concerned;