Text
All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Although the summary of the grounds for appeal is sufficient to have credibility in each statement of the victim and witness E (hereinafter “victim”), the court below acquitted the Defendants of the facts charged of this case. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the instant facts charged was around 02:00 on July 11, 2012, the Defendants: (a) followed the victim’s acts on the front of the window of Changwon-si, Changwon-si; (b) and (c) obstructed the victim’s body by cutting off the body of the victim, thereby destroying the victim to the floor.
As a result, the Defendants jointly inflicted an injury on the 14-day climatic salt, etc. in need of medical treatment on the victim.
B. The direct evidence that the Defendants assaulted the victim as stated in the facts charged lies in the victim’s investigative agency and court, and in F’s investigative agency, there is a statement in the victim’s investigative agency and the victim’s child-friendly F.
However, the following circumstances acknowledged by the record are as follows: ① the victim did not appear to have assaulted the victim before the police officer called the victim after the police officer called the victim (at the time of the case, 2 male and female at the time of the case, 5 male and female) and did not make a statement about how he/she was assaulted by the victim in detail from the investigation stage to this court; ② the victim did not completely memory the face of the defendant A in a large amount of drinking alcohol of 2 to 2 to 3 soldiers at the time of the incident; ② the victim was unable to memory the victim B at all, and even if the female who was the victim's assaulted by the victim's assault on the day of the case, the victim did not have any assaulted the victim, and ③ the victim was unable to memory this point at all because he/she did not have committed any assault.