2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 2011, etc. (see, e.g., Supreme Court Decision 2011Do7261).

Based on the above legal principles, a thorough examination of the reasons for innocence of the judgment of the court below and the evidence duly adopted and examined by the court below. In light of the facts acknowledged by the court below in the "2. Judgment of the court below," the court below is just in holding that the evidence submitted by the prosecutor, such as the victim D, witness F's investigation agencies and the court of the court of the court below, a copy of the daily table, and CCTV video, is insufficient to recognize the facts charged in this case, and there is no other evidence to acknowledge it. Thus, the prosecutor did not submit new evidence to prove the facts charged in this case at the court of the court below, so the prosecutor's assertion of mistake of facts is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.