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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
According to the statements of F and G in the judgment of the court below in misunderstanding of facts, even if the defendant was found to have invaded on a building on January 24, 2018, the court below erred in the misapprehension of facts as to this part of the facts charged.
The sentence of the lower court on unreasonable sentencing (fine 2 million won) is too unfeasible and unfair.
Judgment
In a criminal trial of a judgment on a mistake of facts, the conviction in a criminal trial of a judgment on a mistake of facts shall be based on evidence with probative value, which makes it possible for a judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.
In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination under the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed to the result
Even if it does not reach the extent of sufficiently resolving the reasonable doubt caused by the first instance trial, such circumstance alone alone alone does not lead to concluding 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 2015Do8610, Apr. 15, 2016). The lower court, on the grounds stated in its reasoning, is difficult to recognize credibility in the F and G’s statement in the first instance trial on the part of the instant facts charged on January 24, 2018, and it is difficult to recognize credibility in the F and G’s statement in the first instance trial, and found the H’s statement of the first instance court not guilty of this part
The reasoning of the court below's judgment which is accepted by evidence.