The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor in the records of this case, although the defendant could sufficiently recognize the fact that the defendant inflicted injury on the victim K and N by group or multiple force together with the so-called so-called “North Korean Literature,” such as D, but the court below acquitted the defendant of the facts charged of this case, it erred in the misapprehension of facts.

2. Evidence that there is a criminal fact in the judgment criminal procedure should be presented by the prosecutor, and criminal facts should be proven by the judge to have high probability beyond reasonable doubt, and if there is no evidence to establish such a degree of conviction, there is a suspicion of guilt against the defendant 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.

(2) On January 16, 2013, the court below held that the defendant was present in the court of original instance and stated to the effect that "N was at the time of the assault site, and it was not memory that the defendant was at the time of the assault site or that the situation was terminated," and that Q was present in the court of original instance and stated to the effect that "at the time of the assault site, there was only 4-5 persons at the time of the assault site, but there was no memory or memory as to whether the defendant was at the time of the assault site."