The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor of the misunderstanding of facts and legal principles, it is recognized that the Defendants jointly assaulted the victim and inflicted an injury, and Defendant A had an intent to damage property, and the Defendants’ act does not constitute a justifiable act.

Nevertheless, the lower court rendered a not-guilty verdict on the Defendants’ joint injury and damage to Defendant A’s property among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine or misunderstanding of facts in the part of innocence (including the part of innocence).

B. The sentence that the court below sentenced the Defendants to each sentence (a fine of 500,000 won) is unfair because it is too uneasible.

2. Determination

A. In a criminal trial as to the assertion of misunderstanding of facts and misapprehension of legal principles, the finding of guilt ought to be based on evidence with probative value, which may lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Unless there is such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the criminal appellate court has the character as a post-examination even after the fact, and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is a lack of evidence to exclude a reasonable doubt after the first instance court has gone through the examination of evidence such as the examination of witness.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

The facts charged shall not be found guilty.