The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

A. In full view of the fact that the credibility of the statements made by the victim is recognized, and the seized knife corresponds to the statements made by the victim, the court below found the defendant guilty of the facts that the defendant inflicted an injury on the victim by leaving the kitchen knife and causing the injury on the victim, but the court below found the defendant not guilty of this part on the grounds.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment, three years of suspended execution, three years of probation) is deemed unreasonable.

2. In a criminal trial for determining a mistake of facts, the recognition of facts should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to a failure, the determination should be made in the interests of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the criminal appellate court has the character as a post-trial trial even after deceiving the Defendant, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone does not lead to finding that there was an error of mistake of facts in the judgment of the first instance court that lack of proof of a crime (see, e.g., Supreme Court Decision 2015Do11428, Feb. 18, 2016).