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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
According to the evidence submitted by the prosecutor, although it is sufficient to acknowledge the fact that the defendant had committed the case at the time of D, the court below found the defendant not guilty of the facts charged in this case.
Judgment
The lower court found the Defendant guilty of the facts charged on the ground that: (a) during the police investigation conducted on June 1, 2013, the evidence that corresponds to the facts charged by the Defendant at the time of D, the written statement of D and the written statement of the police statement of D were contradictory to the statement of E in E, that it was difficult to believe that D could not be deemed that “the Defendant could not see D,” and that the remaining evidence submitted by the Prosecutor alone was insufficient to acknowledge the facts that D was insufficient to acknowledge the facts on the grounds that: (b) during the police investigation conducted on July 15, 2013, the prosecutor’s questioning was the first time; and (c) during the interrogation conducted by the police investigation conducted by the Defendant, C did not have any contact with D; and (d) during the interrogation conducted by the Defendant, it was difficult to believe that the written statement of E was inconsistent with the statement of E in E, which stated that “the Defendant could not see D,” and that there was no other evidence to acknowledge the fact that the Defendant had beenD.
In light of the following circumstances acknowledged by the court below's records, i.e., the following circumstances, i.e., (i) d was under the influence of alcohol at the time of the instant case and appears to be unable to accurately memory the situation at the police station, and (ii) E was a member of D's seat, and there is no reason to specialize D's unfavorable statement in the court of the court below as a false person, the above judgment of the court below is just, and the prosecutor's assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.