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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the fact-finding) the victim's consistent statement of damage and the victim's statement consistent with some of the above, the court below found the defendant not guilty of the facts charged in this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On April 25, 2013, at around 19:50 on April 25, 2013, the Defendant, a representative director of the Dong-gu Incheon Bupyeong-gu C Apartment 2, the victim D, was injured by the Defendant’s wife and the victim’s body fights with the victim due to the front section of the front section, where the Defendant’s wife E is removed from the guard company and the service company, and the Defendant was in common with E, and caused the victim to go beyond the victim for about 14 days in need of medical treatment.
B. The lower court determined that the victim D’s legal statement and the investigative agency’s statement, which are direct evidence consistent with the facts charged in the instant case, are inconsistent with the following: (i) there is no consistency; (ii) there is no difference between F and E’s legal statement and the investigative agency’s statement deemed that D had been on the spot; and (iii) there is conflict between G’s statement and G’s statement, which D directly identified as witness, as well as the background leading up to go beyond D; (iv) the F and E’s statement from the investigative agency to the court.
In light of the consistent and concrete credibility of part of the G’s statement, and the fact that G’s statement appears to be partially consistent with D’s statement is difficult to believe it as it is due to the lack of consistency in the investigation agency and court, the above direct evidence is difficult to believe it as it is, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged. Thus, the facts charged in the instant case constitute a time when there is no proof of a crime.
C. The content of the first instance judgment and the evidence duly examined by the first instance court.