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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the statements made by the victim with credibility of the grounds for appeal, photographs taken immediately immediately after the case, medical certificate, etc., the court below acquitted the victim of the facts charged in this case, and found the defendant not guilty of the facts charged in this case.
2. Determination
A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to feel true enough to have a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
In addition, in light of the fact that the appellate court has the character as a post-trial and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is insufficient evidence to exclude reasonable doubts after the first instance court has gone through the examination of evidence such as examination of witness, etc.
In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely
Recognizing that the facts charged should not be found guilty (see, e.g., Supreme Court Decision 2015Do8610, Apr. 15, 2016). (b) The Health Team and the lower court, while explaining in detail the grounds for its determination on the instant case, in light of the overall circumstances, it is difficult to believe the victim’s statement in light of the overall circumstances, and the remaining evidence submitted by the prosecutor, such as a written injury diagnosis, were proven without any reasonable doubt.
On the ground that it is difficult to see it, it was acquitted.
The court below's decision.