The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the factual error) and witness D's legal statement in the original trial and each injury diagnosis report on the victim, it is recognized that the defendant has inflicted an injury by assaulting the victim as stated in the facts charged.

Nevertheless, the court below rejected the above witness's statement in the court below on the ground that it is difficult to believe it, and found the not guilty of the facts charged.

2. According to the purport of the principle of substantial direct examination adopted by the Criminal Procedure Act, an appellate court should, in principle, constitute a case where: (a) there are special circumstances to deem that the first instance judgment was clearly erroneous; or (b) it is deemed that maintaining the first instance judgment is remarkably unfair when comprehensively considering the results of the first instance examination and the results of the evidence examination additionally conducted in the appellate court; or (c) it is deemed that maintaining the first instance judgment is

In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly observe the witness's statement while proceeding the witness examination procedure, finds it impossible to recognize the credibility of the witness's statement, the appellate court may reverse it and determine that the credibility of the witness's statement can be recognized, the first instance court's ruling rejecting the credibility of the witness's statement should be sufficient and acceptable.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, and Supreme Court Decision 2012Do2409 Decided January 31, 2013, etc.). In addition, evidence that criminal facts exist in criminal proceedings can be presented by a prosecutor, and even if the defendant’s appeal is unreasonable and the defendant’s appeal is the same as it is false, it cannot be disadvantageous to the defendant, and the proof of criminal facts can be acknowledged by a judge to the extent that there is no reasonable doubt.