The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the statement to the victim E and the investigation agency of F, which was the first day of the appeal, are reliable, so the facts charged in this case are fully recognized.

Nevertheless, the lower court acquitted the Defendant on the part of the facts.

2. Determination

A. On October 28, 2013, the Defendant: (a) around 02:20, at the main point of “D” located in Gangnam-gu, Gangnam-gu; (b) on the ground that the victim E (the age of 29) in the course of drinking alcohol would be bad; (c) on the ground that the victim E (the age of 29) would be bad; (d) on the part of the victim and the victim, the Defendant contestedd the breath, which is a dangerous object on the table table; and (e) on the part of the victim, caused the victim’s injury to the part of the body frame for about four weeks.

B. The lower court found the Defendant not guilty on the ground that, in light of the following circumstances as indicated in its reasoning based on the record, it is difficult to believe that the statement made to investigation agencies of E, which correspond to the facts charged in the instant case, is insufficient to recognize the facts charged in the instant case, and there is no other evidence to acknowledge it.

C. The burden of proving the facts charged in a criminal trial for the trial of the trial for the trial of the trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt by the judge. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the defendant and the defendant.

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

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). The Defendant consistently denied the instant facts charged from an investigative agency to a trial. The evidence that conforms to or seem to conform to the instant facts charged is written by E and F investigative agency.

In other words, the following circumstances acknowledged by the record, i.e., E was dispatched to the site at the time of the initial incident.