All of the appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

In full view of the evidence presented by the prosecutor, such as statements in the victim's investigative agency, the court below acquitted the defendant on the facts charged of this case. The court below erred in the misunderstanding of facts.

Judgment

In a criminal trial on the part of the defendant's case, the burden of proof for the criminal facts prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to make a judge not to have reasonable doubt that the facts charged are true (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(1) In light of the records, the evidence duly admitted and examined by the lower court is examined in light of the records, and the evidence submitted by the prosecutor alone cannot be deemed as having been proven beyond a reasonable doubt. Therefore, the lower court did not err by misapprehending the legal doctrine, contrary to what is alleged by the Prosecutor, in so determining, contrary to what is alleged by the Prosecutor.

Therefore, the prosecutor's above assertion is without merit.

If the judgment prosecutor on the part of the case for which the attachment order is requested has filed an appeal against the case for which the case is prosecuted, it shall be deemed that the appeal has been filed.

According to Article 9(4)2 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for an attachment order shall be dismissed by a judgment when not guilty regarding a specific crime case. Therefore, it is justifiable for the lower court to dismiss the request for attachment order accordingly. As long as the lower court’s judgment on the specific crime case is maintained, there is no reason to reverse this part ex officio.

The conclusion is.