The prosecutor's appeal is dismissed.

1. According to the facts that it is difficult to believe that the defendant's legal action against the defendant, considering the statement of the victim with credibility (misunderstanding of facts), the statement of the diagnosis of injury, and the situation at the time of the case, etc., the court below found the defendant not guilty on the ground of misconception of facts.

2. On September 22, 2015, the Defendant: (a) 10:48 on September 2, 2015, 2015, on the following: (b) 10:48, the Defendant: (c) took away the victim D (57:3) who abused himself/herself before Sungnam-si C; and (d) tried to drive away the victim’s vehicle, and (e) tried to stop driving the vehicle; (b) the victim gets back of the victim’s back and kids of the vehicle; and (c) suffered injury, such as salt, tension, etc., in need of medical treatment for about 14 days to the victim, by taking the hand of the victim who kids

3. On the judgment of the court below, in light of the following circumstances acknowledged by comprehensively taking into account the evidence duly adopted and examined at the court below, the court below rendered a verdict of not guilty on the ground that the statements made by witnesses E (F before the opening of the names) investigation agency that correspond to the facts charged of this case are inadmissible, and the statements made by the victim D investigation agency, the statement in the court, and the written diagnosis of injury are likely to trust that they are, and that there is no other evidence to acknowledge the facts charged.

A. The police statement protocol of E made in the investigation agency of E is inadmissible, since the defendant did not consent to use it as evidence, and the authenticity of its formation is not recognized by the statement of the original person.

B. The statements made by D’s investigative agencies and legal victims of the statements are not reliable, because they are hard to reverse the statements or to believe them in itself without being inconsistent with objective evidence as follows.

1) The statements of the victim were sent to the site as to whether they were accompanied with E at the time of the instant case (in the face of 2-8 of the investigation record, of the witness examination record, of 4, 10, 14 of the witness examination record), and at the site.