The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

A. Although the victim’s statement is more reliable than the statement of the Defendant, the lower court determined that the victim’s statement was not reliable, and acquitted on May 1, 2013 of the facts charged in the instant case of violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.) around 16:40 on May 1, 2013.

Therefore, the court below erred by misapprehending the facts against the rules of evidence.

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution, and probation) is deemed to be too uneasy and unfair.

2. Determination

A. The core of the instant case is whether the victim C’s statement was credibility in determining the mistake of facts.

However, in full view of the following circumstances, it is difficult to view that the victim’s statement related to “the fact of intrusion upon residence around 16:40 on May 1, 2013 and the fact of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)” among the facts charged in the instant case is credibility.

① The summary of the victim’s statement on the facts charged in the above part is that “A defendant has entered his house at around 14:00 on May 1, 2013 (the statement, etc. written on the day of the instant case is indicated as 13:00) and has threatened the police with the death of the knife. Therefore, the defendant reported to the police.”

However, when the defendant reported 112, 16:53 p.m. later than 14:00.

Therefore, the defendant, when entering the victim's house at around 14:00 and drinking together with the victim and H, became an issue of her name with the victim, and only at that time, the victim requested 'A' or 'A' to move to the defendant's house at around 16:50, unlike the victim's statement, can be seen as cases where the defendant went to the defendant's house at around 16:50.

However, if any of the former and latter are more consistent with the actual situation, the statement of the victim is reliable.