The prosecutor's appeal is dismissed.

1. Although the defendant had attempted to take photographs of the victim's body, the judgment of the court below which judged otherwise and sentenced the defendant not guilty, is erroneous in the misapprehension of facts.

2. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see Supreme Court Decision 2009Do1151, Jul. 22, 2010). The lower court, on the grounds stated in its reasoning, proven that the evidence presented by the public prosecutor alone was proved without reasonable doubt that the defendant committed the instant criminal act.

It is difficult to see

In light of the facts charged, the lower court acquitted the instant charges.

Examining the above judgment of the court below in light of the above relevant legal principles, a thorough examination of the evidence duly adopted and examined by the court below is justified, and there is no new evidence to acknowledge this in the court below. Thus, the prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.