The prosecutor's appeal is dismissed.

1. Although it is acknowledged that the defendant inflicted an injury on the victim by the consistent statement and written diagnosis of injury of the victim, the court below acquitted the victim of the facts charged of this case, there is an error of law by mistake of facts.

(M) On the 2. 1. 1. 2. Evidence submitted by the Prosecutor, which seems consistent with the facts charged, and the court below rejected the credibility of the victim's statement for the same reasons as the stated in its judgment.

In order to recognize the credibility of a victim’s statement in the appellate trial, the appellate court’s judgment rejecting the credibility of the statement should be sufficiently and sufficiently acceptable and acceptable (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). However, the evidence submitted by the prosecutor alone does not appear in such circumstance.

According to the trial-oriented principle and the principle of direct examination, the judgment of the court below that rejected the credibility of the victim's statement cannot be respected.

In addition, the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged. Thus, there is no error of law by misunderstanding the facts in the judgment of the court below that there is no proof of crime.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.