The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim's statement and the defendant stated the victim in the court below's decision

Comprehensively taking account of the part of the statement made by the person, the defendant can be recognized as having expressed the victim’s desire to state the facts charged.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the not guilty of the facts charged.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to the judge’s conviction that is beyond reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to a reasonable conviction, the determination ought to be based on the defendant’s benefit even if

Comprehensively taking account of all the circumstances properly explained by the lower court in light of such legal doctrine, the lower court, even if comprehensively taking account of all the evidence submitted by the prosecutor, intended the victim, who is not an employee of the elective distribution office that the Defendant works for,

Unlike the fact that the victim was insulting, there is no evidence to prove that the victim was insulting.

Therefore, we affirm the judgment of the court below that acquitted of this part of the facts charged.

We do not accept the prosecutor's factual mistake or misapprehension of legal principles.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.