The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the fact that the defendant inflicted an injury on the victim as stated in the facts charged in this case can be fully

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The burden of proof for 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 of probative value, which makes the judge feel true beyond a reasonable doubt. If there is no evidence to establish such a degree of conviction, it is doubtful that the defendant is guilty even if there is no evidence to establish such a conviction.

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

(See Supreme Court Decision 9Do4305 delivered on February 25, 2000, etc.). B.

In light of the above legal principles, a thorough examination of the evidence of this case in light of the records, the court below's reasoning that it is hard to see that the evidence submitted by the prosecutor alone is proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge this. Thus, it is just and acceptable to determine innocence since the facts charged of this case constitute a case where there is no evidence to prove a crime, and it is not erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

The prosecutor's assertion is without merit.

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