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The prosecutor's appeal is dismissed.
Reasons
1. The court below erred by misapprehending the legal principles on the grounds of appeal, although it was sufficiently convicted of the defendant and the victim, in full view of the following facts: the victim’s consistent and clear statement, the circumstances surrounding this case’s expense, and the degree of mutual assault between the defendant and the victim.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the relevant legal principles, the first instance court’s determination on the credibility of the statement made by the witness of the first instance trial was clearly erroneous.
Unless there are extenuating circumstances to see the credibility of a statement made by a witness of the first instance court, or in full view of the results of the first instance examination and the results of additional evidence examination conducted until the closing of oral pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 201Do5313, Jun. 14, 2012). (b) The lower court determined that the victim D and her husband’s interest on the day of the second instance case, G visiting the scene of the victim D and her husband’s interest on the day of the second instance case, and the police officer in charge of investigating the Defendant and the victim as the person who was the victim of both assault, questioning the Defendant as a witness of the second instance and E in full view of other circumstances recognized by the evidence duly adopted and examined (see, e.g., Articles 2, 3 and 4 of the judgment of the lower court).
The court determined that it could not be seen.
In light of the record, a thorough examination of the evidence of this case based on the legal principles as seen earlier, the fact that the Defendant committed violence against the victim by brupting the victim as stated in the facts charged was proven without any reasonable doubt.
It is difficult to see in the first instance.