The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although it is reasonable to view that the causal relationship between the defendant's act and the victim's death is recognized, the court below erred by misapprehending the legal principles or misunderstanding the legal principles, since the victim was hospitalized for a long time due to the traffic accident in this case caused by the victim's normal daily life, and the victim's spathic continued aggravation due to the decline in physical ability during hospitalization, etc.

Judgment

In a criminal trial, the prosecutor bears the burden of proving the criminal facts prosecuted in the criminal trial, and the conviction should be based on strict evidence with probative value, which makes the judge feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). Therefore, if there is no such evidence, even if there is a doubt that the defendant is suspected of a crime, the judgment of conviction should be based on the benefit of the defendant.

(See Supreme Court Decision 91Do1385 delivered on August 13, 191). A thorough examination of the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone, as stated in the court below, is insufficient to recognize that the death of a victim occurred due to the above traffic accident caused by the defendant after about 80 days from the traffic accident in this case, and there is no other evidence to acknowledge it, and there is no new evidence to prove it in the trial.

Therefore, the judgment of the court below which acquitted the defendant is erroneous or misunderstanding the legal principles, which affected the conclusion of the judgment, and the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.