The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal stated in the police that the victim C, as stated in the facts charged in the instant case, was the victim's son at his head, and the victim reversed the statement that the victim was the victim's son at the court of original instance. The victim expressed his intention that the defendant, the victim and the defendant would not want punishment in the court of original instance, and the victim's statement at the police station's police officer's own written response to the police officer's questions three hours after the occurrence of the instant case, and thus, it is proved without reasonable doubt, even if the facts charged in the instant case are proved without credibility, the court below acquitted the defendant of this part of the facts charged because it was based on the victim's statement at the court of original instance without credibility.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted 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. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 201, etc.). Examining the reasoning of the lower judgment’s acquittal portion based on the foregoing legal doctrine in light of the evidence duly admitted and investigated by the lower court, a thorough examination of the reasoning of the lower judgment in light of the evidence duly admitted and examined by the lower court, the lower court is insufficient to recognize that the result of the injury suffered by the victim was due to the Defendant’s act, and there is no other evidence to acknowledge the same.