모욕
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is as follows: (a) at the investigative agency and the court of the court below, the victim B stated consistently that the defendant made a criminal conciliation between the victim and C to the prosecution staff who was seated next to the defendant, and stated consistently that "the intelligence index should not be lower;" (b) the witness stated that the defendant made a statement to the effect that the defendant had made a statement about the victim's disability; and (c) the victim and witness stated that the victim raised an objection against the defendant immediately after the victim made the statement, the court below acquitted the defendant of the facts charged in this case by misconceptioning the facts.
2. 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 of guilt is to be based on the evidence of probative value, which 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 is inevitable to determine it with the benefit of the defendant.
(1) In light of the aforementioned legal principles, the lower court’s reasoning for innocence and the evidence duly admitted and examined by the lower court based on the aforementioned legal doctrine, and the lower court’s explanation in detail, it is difficult to deem that the evidence submitted by the prosecutor alone alone was proven to the extent that there is no reasonable doubt as to the facts charged of this case, and that there is no other evidence to acknowledge it, the lower court’s determination that the Defendant was innocent is justifiable. In so doing, the lower court did not have any new evidence to prove the facts charged of this case, and therefore, the Prosecutor’s assertion of mistake of facts is without merit.
3. In conclusion, the prosecutor's appeal is justified.