The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In full view of the evidence consistent with this part of the facts of construction, we can fully recognize the fact that the defendant inflicted an injury on the victim in collaboration with B.

The suspended sentence of a fine of KRW 500,000 (the sentenced sentence of a fine of KRW 500,00) of the lower court is too unfluent and unfair.

Judgment

In a criminal trial on the assertion of mistake of facts and misapprehension of legal principles, the recognition of facts should be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would be achieved, the determination should be made in the interests of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, in a case where the first instance court rendered a judgment not guilty of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the criminal appellate court has the character as a post-trial trial even after deceiving the Defendant, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise probability or doubt as to the facts that

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone does not lead to concluding that there was an error of misunderstanding of facts in the judgment of the first instance court that lack of proof of crime (see Supreme Court Decision 2015Do11428, Feb. 18, 2016). The lower court’s judgment in the instant case refers to the submission by the prosecutor in full view of the circumstances as indicated in its reasoning.