The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant interfered with the removal work of the victim by exercising power at the site of reconstruction work in this case.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts and misapprehension of legal principles.

2. Determination

A. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that it is difficult to readily conclude that the Defendant exercised sufficient force to suppress the victim and the removal workers’ free will, taking into account the circumstances as indicated in its reasoning.

B. The prosecutor bears the burden of proving the facts charged in a criminal trial for the judgment of the court for the trial. The conviction should be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined in the interest of the defendant even if there is no such evidence.

(see, i.e., Supreme Court Decision 2010Do9633, Nov. 11, 2010). In addition, in a case where the appellate court intends to conduct a re-evaluation of the first instance court’s judgment after an ex post facto determination in the absence of any objective and objective grounds that may affect the formation of a conviction during the said trial process, there is a reasonable ground to deem that the first instance court’s determination was clearly erroneous or that the argument leading to the fact-finding is considerably unreasonable as it is in violation of logical and empirical rules.

(see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). In the instant case where there is no new reason to affect the formation of evidence at the trial court, a thorough comparison of the reasoning of the lower judgment with the record, the lower court’s determination of evidence is based.