The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

(In light of the evidence, the defendant can be found to have insultingly insultingd the victim as stated in the facts charged.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous in misconception of facts or misapprehension of legal principles.

Judgment

In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or the first instance court’s determination on the credibility of a witness’s statement in light of the evidence examination conducted by the first instance court and the first instance court’s evidence examination conducted by the time of closing argument, the appellate court should not reverse the first instance court’s judgment without permission (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The lower court determined that the Defendant’s assertion that the credibility of a witness’s statement made by the first instance court is not sufficient, based on the following circumstances: (a) the first instance court’s determination on the credibility of a witness’s statement made by the witness in the first instance court and the evidence examination conducted by the time of closing argument; and (b) the witness’s statement made by the witness in the first instance court and the facts presented by the victim.

A thorough examination of the evidence of this case, including the details of the witness's detailed statement of the court below, the situation at the time of the case of the witness, the witness's witness circumstances, the relation with the defendant, etc., is about the credibility of the witness's statement.