The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) stated that the defendant's husband E and the victim's son Eul participated in fighting in each other when the defendant's husband E and the victim's son G was wraped, it is difficult to believe that the defendant's son's son's son did not have any shotle dancing in the body of the victim, or L's son's son's son made a statement that the victim was forced to have been insulting by the victim's son's son's son's son's son, and against this, the victim suffered an injury in secret from the defendant's consistently and took a brut for several persons. The court below found the defendant guilty of the facts charged in this case on the basis that the 69 years old victim's son's son's son's son's son's son's son's son's son's son's son's statement

2. Determination on the grounds for appeal

A. The burden of proving the facts charged in a criminal trial 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, 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.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below (i.e., victim F, as stated in the judgment of the court below, the statement about the contents of the assault or abusiveism, the situation or place where the assault or abusiveism was committed, it is difficult to view the changed statement within the ordinary scope, and in the case of witness K, he takes a bath.