The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts) recognized the fact that the defendant insultingd the victim at the time specified in the facts charged, but the court below rendered a not-guilty verdict on the above facts charged. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. Determination

A. In a criminal trial, the establishment of a crime ought to be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the level of conviction as above, the determination should be made in the interests of the defendant even if there is suspicion of guilt (see, e.g., Supreme Court Decisions 2007Do7774, Nov. 29, 2007; 2010Do1487, Apr. 28, 201). Moreover, in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of additional examination of evidence by the time when the court of first instance and the appellate trial are closed, the appellate court needs to respect the first instance judgment as to the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). (b) The lower court has the victim’s statement and CCTV video materials, which are evidence consistent with the facts charged, that the victim’s statement and CCTV were transferred from E and G, but in light of each legal statement made by E and G, the credibility of the statement made by the witness is insufficient, and the evidence submitted by the prosecutor alone insulting the victim as in the facts charged of this case.