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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal F and G’s statements, even though D had been in custody of F’s chest, it can be sufficiently recognized that the Defendants appeared as a witness in the case of the Defendant injured by assault against D and causing violence to D, and that “DF is not a public figure.”
Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The lower court, based on the evidence duly adopted and examined, proved that the Defendants’ statements were false or inconsistent with their memory, based on the evidence presented by the Prosecutor, to the extent that there is no reasonable doubt as to the following circumstances.
The lower court acquitted the Defendant of the instant charges on the ground that it cannot be seen.
1) Defendant A consistently ranging from the process of the investigation of the injury resulting from violence against D to the court, to the point of view, Defendant A, who sits in the center of senior citizens and takes a bath to the center of senior citizens, and sits alone on the Defendant A’s its hand, etc.
Defendant A’s statement is consistent with the statements and the testimony made and submitted by Defendant B in the case of assault or bodily injury against the above D.
2) At the time of the instant case, there were many witnesses, other than D, F, G and the Defendants. Among witness, H, I, and J prepared a statement that D did not keep the F, and K did not regard D as not having the F at the investigative agency.
was stated.
3) F was present and testified as a witness in the case of assault against D by assault against D, and “F sent a photograph to a hospital after being affixed a photograph to the doctor.”
3) The Defendant 1 testified that the Defendant 1 had provided F medical treatment on the day of the instant case
The medical records prepared by LAWH members shall be prepared.