2. Around 20:50 on February 9, 2012, the Defendant: (a) assaulted the victim F’s face by drinking it on the E-cafeteriad side of the E-type restaurant located D in Suwon-si; (b) assaulted the victim by walking the cryp; and (c) assaulted the victim for approximately three weeks of medical treatment.

3. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

With respect to each statement of the victim F and witness G, which is a valuable evidence of the facts charged in the instant case, the court below found the defendant not guilty on the ground that it is difficult to view that the contents of each of the above statements are reliable as much as excluding a reasonable doubt, and other evidences submitted by the prosecutor alone are insufficient to recognize the facts charged in the instant case. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts.

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