A. According to the evidence submitted by the prosecutor, the judgment of the court below which acquitted the defendant as to the above injury is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The prosecutor's evidence of criminal facts in a criminal procedure for determining the prosecutor's assertion of mistake of facts shall be presented to the prosecutor, and even if the defendant's appeal is unreasonable, it shall not be disadvantageous to the defendant.

In addition, the proof of criminal facts should be made by a judge to have high probability to the extent that there is no reasonable doubt, and if there is no evidence to form such a conviction, it is doubtful that the defendant is guilty even if there is no evidence to form a conviction.

Even if there is no choice but to judge the interests of the defendant.

On the premise of the above legal principles, the court below held that in this case, the defendant tried to reach an agreement, such as giving contact information to the victim I, immediately after the case, and that the police did not comply with the request for attendance for a certain period after the commencement of the investigation, and that there are some circumstances suspected of being suspected of being a criminal, such as the fact that the above victim's cell phone which was deprived of the offender on the day of the case was discovered in the residence of the defendant, but all victims stated in this court that the perpetrator is not the defendant or the victim is not clear, and their statements in investigation agencies are merely those of the defendant taking the defendant in consideration of the surrounding circumstances, and they do not accurately memory the face of the offender, and there is no other direct evidence that the defendant is deemed the perpetrator, and there is room for reasonable deliberation even if all other indirect evidence submitted by the prosecutor, such as the above circumstances and L, and K's legal statement, are combined.