The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Even though both Defendant C and witness C made a statement with the assent that they did not have any fact when they were the Defendant, the lower court acquitted the Defendant on the sole basis of the Defendant’s statement.

Judgment

In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on strict evidence with probative value, which makes the judge feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). Therefore, if there is no such evidence, even if there is a doubt that the defendant is suspected of a crime, the judgment of conviction should be based on the benefit of the defendant.

(See Supreme Court Decision 91Do1385 delivered on August 13, 1991. A thorough examination of the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone, as stated in the detailed reasoning of the court below, is insufficient to recognize the fact of false accusation that the defendant suffered an injury by assault from C even though the defendant did not have a relation to C, there is no other evidence to acknowledge it, and there is no new evidence to prove it in the trial.

Therefore, the judgment of the court below which acquitted the defendant is not erroneous and it is not recognized that the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.