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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is consistent with the victim’s statement from the investigative agency to the court of the court below, as described in the facts charged, from the Defendant to the court of the court below. The victim’s statement is highly reliable in that there is no motive to make a statement even when the victim is at risk of being subject to criminal punishment for the crime of false accusation or perjury.
In addition, the contents of the diagnosis issued on the day following the occurrence of the case, the images of the upper part of the CD submitted by the victim, and the contents of the self-recording file on April 12, 2015 between the Defendant and the victim, etc. conform to the victim's statement.
The video images of the video CD presented by the lower court as the grounds for impeachment of the credibility of the victim’s statement cannot be ruled out that the original is not submitted, and thus, the possibility of arbitrary editing cannot be ruled out. In addition, considering G and H’s relationship between G and the Defendant, and the time interval from the date of the occurrence of the instant case to the date of the testimony of the lower court, the credibility of the victim’s statement is interrupted.
Therefore, according to the evidence submitted by the prosecutor, although the court below found the defendant guilty of the facts charged in this case, it was erroneous in the judgment of the court below which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. Based on its stated reasoning, the lower court rendered a not guilty verdict on the facts charged on the grounds that it is difficult to easily believe the victim’s statement that conforms to the facts charged in the instant case, and the evidence submitted by the prosecutor alone is insufficient to recognize it.
B. 1) The conviction in a criminal trial ought to be based on evidence of probative value, which may lead a judge to have the conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction shall be based on evidence.