The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the Defendant not guilty of the facts charged in this case on the ground that the Defendant could recognize the victim’s fingers, as stated in the facts charged, and the victim’s intent to commit bodily injury, as stated in the charge.

2. Determination on the grounds for appeal

A. On April 21, 2013, the Defendant: (a) around 13:20 on March 21, 2013, at C’s top in front of the building on the ground; (b) the victim D (54 years of age) who was living in the building on the building was not at fault due to the expiration of the lease contract; (c) the Defendant demanded the victim to keep the entrance door keys on the ground of the inside construction of the building; (d) even though the victim had the key to the suspension of left hand, the Defendant forced the victim to grow up the key in order to force the said victim to cut down the key by force without doing so; and (e) caused the victim to do so.

B. In a judgment, the establishment of facts constituting an offense ought to be based on strict evidence with probative value, which leads to a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such convictions are to be ensured, the determination should be made in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense is contradictory or unreasonable.

(see Supreme Court Decision 2010Do14487, Apr. 28, 2011). The lower court, in relation to the facts charged in this case, mainly appealed on the part of the first investigative agency to the extent that the victim, while making a statement on the facts of damage, did not appeal to the pass of the left hand, as stated in the facts charged in this case, and the victim complained of the pass of the left hand only after he was issued a written diagnosis of injury to the suspension of the left hand at the hospital following the following day.