The prosecutor's appeal is dismissed.

1. E, the summary of the grounds for appeal, under the police investigation after 4 days from the date of the occurrence of the instant case, made a statement to the effect that it corresponds to the instant facts charged, and that most of the police investigations are conducted again after 2 months have passed from the date of the occurrence of the instant case. However, after around 13 months from the date of the occurrence of the instant case, E appeared in the court of the lower court and stated to the effect that “the fact that the Defendant committed an assault against a person who made the filer is not memory.” Such a statement should be deemed to be highly reliable when considering that the memory of the person is general.

In addition, the complainant stated in the court below that he did not want to punish the defendant", and considering these circumstances, it is reasonable to see that the complainant has little possibility to make a false statement.

At the time of the police investigation, the witness F made a statement to the effect that “the Defendant was able to use a portable gas burner and sent the complainant several times,” but changed the statement to the effect that “not memory” was “not memory.” Considering the relationship between the Defendant and F, the credibility of the first statement is recognized.

B. In view of the fact that a police officer, who was called to the scene, presented a statement from a defendant to the effect that he was “the fact that he had a person suspected of obsing the complainant,” and that there was a change in the defendant’s statement as to whether he was at the scene of other witnesses L, the police officer cannot trust the defendant’s legal counsel.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged of this case is proved to the extent that the court below has no reasonable doubt

The judgment of not guilty on the ground that it is difficult to regard it as the facts charged of this case.