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The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
Reasons
1. The judgment of the court below that found the defendant guilty of the facts charged in this case even though the defendant had not been dead at the victim's her her sonum.
2. Determination
A. (1) The Defendant consistently denied the instant facts charged from the investigative agency to the instant court, and there is only a tree that “the victim is her husband who is her parent or who is older than her parent,” and there is no change in the victim’s her case at the time of her her bhering with the victim, while consistently denying the instant facts charged from the investigative agency to the instant court.”
(2) On the other hand, there are statements between the victim and G as evidence corresponding to the facts charged in the instant case.
The victim stated consistently from July 11, 2012, which was about 50 days after the crime of this case, that he filed a complaint with the Defendant on July 11, 2012, to the court of the court below, that “the Defendant was at least twice before he/she disputed with the victim, when he/she was disputing with the victim, he/she stated that he/she observed the same.”
(3) With respect to the credibility of each statement made by the victim and G, the victim and G have made a somewhat inconsistent statement between the defendant and F, and the police and the prosecution as to who used the victim first, and whether the fighting between F and the victim immediately terminated after the defendant's assault. However, considering that the victim's complaint was delayed and the victim's first statement was made at the time of the crime, and that the assault committed by the defendant and F was connected with each other, the credibility of each of the above statements is not suspected due to natural changes caused by the decline of memory following the passage of time.
With respect to the circumstances in which the victim's complaint was delayed, the victim was referred to as the victim's thought that the complaint was not filed immediately after the instant case, but was on June 20, 2012.