The prosecutor's appeal is dismissed.

1. The summary of the facts charged has been expressed by the Defendant to the victim E (V, 49 years old) who operates a D cafeteria (hereinafter “D cafeteria”) in Pyeongtaek Daegu-gu, Seoul-gu.

From April 3, 2012 to 01:14 on the following day, the Defendant was refused to request the victim to drink alcohol in the above restaurant room and to teach the victim’s sexual intercourse. As such, the Defendant: (a) had the female die by light pressure from the place of the restaurant, and then had the female die by light pressure.

2. In full view of all the circumstances, such as the result of the autopsy and autopsy of the body of the victim, the court below determined that the victim's external force was on the part of the victim's neck, and that the victim's body was pressured to pressure and was in a physical condition, thereby resulting in the victim's death (by pressure), and that the victim's death was acknowledged. Meanwhile, there are some circumstances to suspect that the defendant can be a criminal, and that the defendant's statement or behavior was unsatisfyed. However, in light of the following various circumstances, it is difficult to readily conclude that the defendant killed the victim as stated in the facts charged, and it is difficult to completely exclude the possibility of committing the crime by a third party, not the defendant, and there is insufficient proof to the extent that there is no reasonable doubt as to the above facts charged.

Evidence 1) Evidence 1 related to the presumed time of death on April 4, 2012, AF, on April 4, 2012, conducted an examination of the victim’s body on April 15:28 to 16:24, and presumed that the victim died between around April 3, 2012 and around 22:30 to 23:35. However, AF, at the time of the examination, was the victim’s statement made by the police officer in charge (on April 3, 2012, around 22:30, and around 23:35, on the basis of the victim’s statement that the victim did not receive a telephone.