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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged of assaulting the victim at the time of the victim's her cream, but the court below found the defendant not guilty of the facts charged.
2. Determination
A. On July 25, 2017, the summary of the facts charged in the instant case: (a) the Defendant reported that the victim E did not work with F (victim’s father) on the street front of the main room of “D” located in Gwangju Mine-gu C and the first floor of Gwangju Mine on July 25, 2017; and (b) whether the Defendant “hicker without his father?”
“At the end of the end, assaulted the victim at one time on the floor of his/her hand.”
B. In light of the following circumstances, the lower court found the Defendant not guilty of the instant facts charged on the ground that each of the statements made by the victim, G, and H as shown in the instant facts charged is difficult to believe it is, and the evidence submitted by the prosecutor alone is insufficient to recognize that the instant facts charged were proven without any reasonable doubt.
1) The statements made by the victim concerning the situation before the Defendant assaulted the victim are not consistent and are not consistent with G and H’s statements.
(1) The victim stated in the written statement, immediately after the occurrence of the instant case, that “The father (F) has a dispute with the father after the family meeting,” but thereafter, the investigative agency and the court below stated to the effect that “the father and the father did not have any factual relation.”
② On the other hand, G, the victim’s mother, made a statement at an investigative agency to the effect that “F intending to see the victim’s body,” and stated in the court below that “The victim and F was dissatisfied with, and the victim was removed from F.”
H, the birth of the victim, also the birth of the victim, has been in dispute between the victim and the F, and the victim speaks in G.