The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the victims not guilty of the facts charged of this case, although the defendant could sufficiently recognize the facts of assault by the victims.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial. The finding of guilt must be based on the evidence of probative value sufficient to confident that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see, e.g., Supreme Court Decisions 91Do1385, Aug. 13, 1991; 2002Do562, Dec. 24, 2002). The prosecutor asserts that the defendant was the victim with C along with the reasons for appeal, and the court below acquitted the victims and H's statements on the grounds that it is difficult to believe, as stated in the reasoning of the judgment below, on the ground that there is no possibility that the victims and H were not able to have any reasonable doubt or error in the process of transmitting the facts charged by the defendant beyond the bounds of reasonable doubt and without any reasonable doubt, and thus, it cannot be ruled out that there is no evidence and evidence of this case.

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