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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal (the mistake of facts or misapprehension of the legal principles) C is not able to evaluate the credibility of the C’s legal statement in the lower court, and rather, it is more reliable in the investigative agency, since the police made a statement that the Defendant inflicted an injury on himself, but reversed the statement to the investigative agency in the lower court after having agreed with the Defendant.
It is reasonable to view that the defendant was injured by C even if he actively received treatment, such as going to the hospital after C and received CT photographing, and the defendant paid C's hospital expenses.
Nevertheless, the court below erred by misunderstanding the facts, which found the Defendant not guilty of the injury to C among the facts charged in the instant case.
2. The Criminal Procedure Act adopts the principle of substantial direct examination that the establishment of a conviction for a criminal case’s substance should be based on a trial-oriented principle that the establishment of a conviction for a criminal case is based on a trial-oriented principle, and only the evidence directly examined in the presence of a judge can be based on a trial, and the original evidence near the facts to be proved should be based on a trial-oriented principle that the use of a substitute for the original evidence should not be permitted in principle. This is because a judge can form a new and accurate conviction for a case by directly investigating the original evidence in a court, and the defendant can be given a direct opportunity to state his/her opinion on the original evidence, thereby finding substantial truth and realizing a fair trial.
The court presiding over the criminal procedure shall ensure that the above substantial and complete spirit of the principle of direct cross-examination is fully and fully realized in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence are taken place, centering on the court in the process of the criminal procedure and the trial process.
Supreme Court Decision 201 June 201