The prosecutor's appeal is dismissed.

In full view of the evidence submitted by the prosecutor, the court below acquitted the defendant on the ground that there is insufficient evidence to prove the suspicion of abuse of power among the facts charged in this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The term "cruel act" as referred to in Article 62 of the Military Criminal Act refers to a case where a person abused his/her authority and suffers from an difficult mental or physical pain. In such cases, whether a person constitutes a cruel act shall be determined by examining specific circumstances, such as the status of the offender and the victim, the situation at which the person is faced, the purpose of the act, and the details and result leading to the act.

(see, e.g., Supreme Court Decision 2009Do1166, Dec. 10, 2009). In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court based on the facts presented by the lower court based on the judgment of innocence, the sole evidence submitted by the prosecutor alone cannot be readily concluded that the Defendant’s act of making the Defendant open to I, J, K, and D a daily short-term check and, in a case where it is impossible to answer it, it is difficult to readily conclude that the Defendant’s act of taking a satisf or taking a satisfy or physical pain to the above-mentioned soldiers, and there is no other evidence to acknowledge this differently, the prosecutor’

① The Defendant asked the following soldiers only for the meal portion on the day during the daily meal table. Even if the following soldiers were unable to do so, the Defendant merely saw that they were out of the country as they were out of the country, or seeed in light of the body of the victims, and did not rescue or ice, etc. of the following diseases.

② At the court of the court below, I said, “I had annoyed portion even if I did not go through,”.