The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal (public prosecutor) and the reversal of the F’s statement, the F’s initial police statement and the circumstance in which the Defendant was identified as a criminal, the possibility that E used other handphones, the Defendant’s statement and the result of maternity appraisal in the game where E is working, etc., there is sufficient evidence to find the Defendant guilty of the facts charged of the instant case.

Therefore, the judgment of the court below that acquitted the defendant is erroneous and adversely affected by the judgment.

2. Determination

A. In a criminal trial of relevant legal principles, the finding of guilt ought to be based on evidence with probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the criminal appellate court has the character as a post-examination even after the fact, and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is a lack of evidence to exclude a reasonable doubt after the first instance court has gone through the examination of evidence such as the examination of witness.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

Upon concluding that the facts charged are not guilty (see, e.g., Supreme Court Decision 2015Do8610, Apr. 15, 2016). B. In light of the legal principles as seen earlier, the following circumstances, which are acknowledged by the evidence duly adopted and examined by the lower court, are included in the circumstances presented by the lower court.