The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the facts of intimidation can be sufficiently recognized by stating that the defendant's use of kitchen knife, which is dangerous things, is "abssed away from the death of the defendant."

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The burden of proof for the facts constituting an offense prosecuted in a criminal trial shall be borne by a public prosecutor, and the conviction shall be based on evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. If there is no evidence to establish such a conviction, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 9Do4305, Feb. 25, 200, etc.). (B) In light of the above legal principles, as follows: ① in the police, D reported the following circumstances acknowledged by the evidence of this case to the effect that when the defendant was on the second floor immediately after the second floor, D was released from the first floor and reported to the police; ② in the first floor, D’s statement to the effect that it was hard to readily conclude that the defendant was able to write the kitchen at the place of work without any consistency between D and D’s first floor and D’s statement to the effect that it was difficult for the prosecutor to set the kitchen at the distance of 19 days.