beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that the statements of the victim E and the victim F are consistent and credibility, as well as the defendant assaultsed the victim E even before the instant case, and there was a dispute between each other, the defendant may recognize the fact that the victims have inflicted violence or bodily injury.
2. Determination
A. The burden of proving the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient for a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the Defendant even if there is no such evidence.
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)
(1) As to the act of injury to E, the lower court found the Defendant not guilty on the following grounds: (a) although there was evidence consistent with this part of the facts charged, the police investigation of E and F and the statement at the lower court court’s court’s court’s reasoning; (b) the following circumstances acknowledged by the evidence duly examined by the lower court, namely, ① the Defendant’s behavior mode at the time, the process of the Defendant’s injury to E, and the part of the injury to E and F, are not consistent with each other; and (c) even according to each of the above E and F’s statements, it is difficult to readily conclude that the “Damblmblmmms” stated in the injury diagnosis document was caused by the Defendant’s assault; and (d) the remainder of the evidence submitted by the Prosecutor alone is insufficient to deem that this part of the facts charged was proven to the extent that it
(2) In addition to the circumstances stated by the lower court in its judgment, the evidence duly examined and adopted by the lower court can be recognized.