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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the following facts: (a) a witness E consistently stated that he was a witness E in the summary of the grounds of appeal that “the deceased was suffering from the knife trademark pattern; (b) the accused was identified in CCTV images; (c) the shape of the trademark C and the shape of the knife trademark which the Defendant was suffering in the course of committing the crime appears to be similar to that of the trademark C; and (d) the witness confirmed five photographs, including the Defendant, and designated him as the Defendant and I, and made a statement that the Defendant was suitable for the suspect as he reported the front photograph of the Defendant, the lower court rejected the witness’s statement and acquitted the witness,
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s judgment that acquitted an witness E of the instant facts charged on the ground that it is difficult to believe a witness E’s statement in an investigative agency and there is no other evidence to prove the facts charged,
Therefore, the prosecutor's grounds for appeal cannot be accepted.
① The witness’s statement on the clothes of the perpetrator does not exactly coincide with the CCTV set forth by the Defendant’s clothes at the time of the instant case, and it seems difficult for the Defendant to identify the five persons working on the Defendant as the perpetrator according to the above statement.
② A witness made a statement to a police officer as a knife knife knife's clothes, and the police officer could not find a person who suffered knife's knife's knife's knife's knife's knife's knife's knife, and presented a witness's photograph of the Defendant around
③ Since a witness was in a large state of drinking alcohol at the time of the instant case, the face of the perpetrator appears not to be memoryd, and the same is similar to the witness even though he/she knew of such circumstances in the investigative agency, he/she requests the witness to be identified and the defendant is identified.
3. The appeal by the Prosecutor of the Conclusion.