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The prosecutor's appeal is dismissed.
Reasons
1. The court below's decision that rejected I's statement and acquitted the defendant based on the fact that the F's statement of the witness F of the court below in the summary of the grounds for appeal does not have credibility as a whole.
2. There is a witness I’s legal statement in the original trial, the police statement in I’s police statement, and the witness G’s legal statement as direct evidence that seems to correspond to the facts charged in the instant case.
Witness
According to the court below's statement and the police statement of I, I sent to the site of this case after receiving a report of 112 together with G and entering the building site of this case, and I talked to the effect that the defendant was able to see the relevant door by Ha and Ha and to request the defendant to produce it. However, I refused to comply with the defendant, but I and G got the defendant into two arms from both parts of the defendant, and let I get the defendant get out of the building. During the process of having the defendant get out of the building, I put the defendant's arms to the left part of I in order to prevent it again, and I used the defendant's arms to put the defendant's arms out of the building, and I used the defendant's arms to put the defendant's arms out of the building, and therefore I used the defendant's arms to commit violence, etc. because I put the defendant's arms into his arms.
(Evidence Records 18 pages, 50, 54, 56 pages of the trial records). However, according to the witness G, a police officer called together after receiving 112 a report, he sent out the door that the Defendant was able to send to K Ha and the Defendant. G and I talked with the Defendant in the defect building that she was sleeped in the Defendant’s left door while she sleeped in the building, and the Defendant was arrested as an flagrant offender by assaulting the Defendant and sleeping his arms.
As seen thereafter, the witness F gives testimony to the effect that he is opposed to the facts charged in this case.