The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (the factual error) stated that the victim, who was the birth of the defendant, was against the defendant at the initial police station. The court below testified that there was no fact against the defendant who tried to be exempted from punishment against the defendant, and reversed the statement of damage.

However, in full view of the fact that E, which was the place of crime, stated to the police officer that the Defendant was killed in the Defendant’s illness, the part and degree of the victim’s injury, the Defendant’s statement at the police station, etc., the lower court erred by misapprehending the facts and acquitted the Defendant of the charges of this case on the ground that the Defendant was guilty of the facts charged.

2. The lower court determined that there was no direct evidence to acknowledge the facts charged in light of the following: (a) the police interrogation protocol against the Defendant; (b) the police statement on the victim; (c) the part on the investigation report prepared by the police officer; (d) the part on the customer’s statement in the E’s legal statement; and (e) the admissibility of the part on the witness’s statement in the police officer’s legal statement

Examining these judgments of the court below closely by comparing them with records, the judgment of the court below is just.

(1) In addition, in the instant case, there is a doubt that the Defendant may have committed a crime as stated in the facts charged, but if the facts charged do not reach the degree that the conviction is true, the interest of the Defendant should be determined by considering the suspicion of guilt (see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). (2) Although the prosecutor submitted the first-aid service log as additional evidence for the first time in the instant trial, even if examining the shape of the first-aid service log and the damaged parts together, the fact that the Defendant committed the victim due to the illness is presumed.