The prosecutor's appeal is dismissed.

1. On January 27, 2015, the summary of the grounds for appeal can be found to have been present at the second trial date in the case of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) by Changwon District Court Jinwon Branch 2014 High Order 1104 High Order, which was the second trial date, as a witness, and the defendant was acquitted of the facts. However, the judgment of the court below is erroneous in the misapprehension of facts.

2. According to the evidence duly adopted and examined by the lower court and the appellate court, the following circumstances are acknowledged.

① In police investigations conducted on August 12, 2014, immediately after the occurrence of the instant case, the Defendant did not have any fact that C was scising the horses of E as beer and beer, nor did it be viewed as a view of a glass view.

“The testimony was made to the same effect as the testimony was written.”

(2) On the day of the case, at the scene

H In the police investigation conducted on September 5, 2014, “No fact exists, and he was unable to hear the reasons for excessive damage from E”.

On May 19, 2015, “The 6th trial day of the instant case was present as a witness and stated to the same effect. The principal business operator of the singing room where the case occurred also appeared as a witness on the same day and there was no be be be a beer who has broken on the floor.”

“The statement was made to the effect that it was “.”

③ In the foregoing case, “C was killed by beer and injury to E”.

“The charge was pronounced not guilty on June 9, 2015, and the appellate court also judged to the same effect on May 19, 2016 (the Changwon District Court 2015No. 1406), and the prosecutor’s appeal on May 25, 2016 is currently pending in the final appeal court (Supreme Court 2016Do840). Meanwhile, H and I were indicted for perjury in relation to the aforementioned testimony, but they were currently acquitted at the first instance court on January 13, 2016, and currently pending in the appellate court (the Changwon District Court 2015 Gowon Branch 708, the Changwon District Court 2016No204). In full view of the aforementioned circumstances and the circumstances stated by the lower court, comprehensively taking account of the Defendant’s reasoning.