The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: ① the investigative agency of the complainant and the court of the court below to the effect that the complainant suffered from her part, such as the defendant, and the right chest part of the defendant, for about two weeks of medical treatment; ② each statement in the investigative agency of the defendant and the court of the court of the court below; ② the defendant's statement in the investigative agency and the court of the court of the court below and the investigative agency of the court of the court below to the effect that the defendant took part in the part, such as the complainant, etc.; ③ the statement in the investigative agency and the court of the court of the court of the court below and the statement in I; ③ the price is divided

The court below did not believe that the injury diagnosis statement stated as "," was reliable, but did not prove that the facts charged were not proven.

Since not guilty was pronounced, it is unfair.

2. Determination

A. The appellate court has a ground for appeal

In the case of recognition, it is a principle that the credibility of the testimony can be determined without re-examination of the witness who was investigated by the first instance court, and only by the recording of the protocol. However, in light of the court-oriented principle and the principle of direct deliberation, the contents of the judgment of the first instance and the evidence duly examined in the first instance court, the first instance court's decision on the credibility of the testimony made by the witness of the first instance court was clearly erroneous.

Unless there are extenuating circumstances to view that maintaining the first deliberation decision on the credibility of a statement made by a witness of the first instance court is significantly unfair, or in full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court shall not reverse without permission the first deliberation decision on the sole ground that the first deliberation decision on the credibility of a statement made by a witness of the first instance court is different from the appellate court’s judgment.

In particular, in the case of evidence supporting the facts charged, the first instance court directly observed the appearance and attitude of the witness who is involved in the testimony while proceeding the witness examination procedure.