The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the signature of the instant marital report was directly signed by the Defendant, and D was reported to the marriage with the consent of the Defendant, the lower court acquitted the Defendant on the ground that the lower court erred by misapprehending the facts.

Judgment

The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.

Even if there is no choice but to judge the interests of the defendant.

According to the evidence duly adopted and examined by the court below, the Supreme Prosecutors' Office shows that the above signature was highly likely to be written by the defendant and D, and that D brought a divorce lawsuit against the defendant is around February 201, and it is doubtful that the defendant filed a complaint against D with the above signature was forged on December 6, 2011, and the difference between about 10 months and that it was about 10 months.

However, according to the above evidence, circumstances as stated in the judgment below can be recognized, and in particular, considering the fact that the above signature and the Defendant’s writing and the writing of the Defendant’s writing at ordinary times are different from each other, it is difficult to exclude a reasonable doubt that the Defendant may not have made the above signature.

Therefore, since the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant had no accusation as to the victim as stated in the facts charged, the judgment of the court below which acquitted the defendant of the facts charged in this case

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