2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence of probative value, which leads to the conviction of a judge that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, the conviction should be based on the benefit of the defendant.

In light of the records, the court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone on the grounds that it is difficult to view that the facts charged in this case was proven to the extent that there is no reasonable doubt. In light of the records, the court below's decision of not guilty on the facts charged in this case is justified, and the prosecutor's argument is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.