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The prosecutor's appeal is dismissed.
Reasons
As to the judgment of not guilty portion of the grounds for appeal (guilty or misunderstanding of legal principles), Defendant A’s act cannot be deemed as a legitimate act that constitutes self-defense or that is reasonable to the extent that is acceptable by social norms, and it is difficult to view it as a simple passive defense act on the grounds that the degree of tangible power inflicted on Defendant B by Defendant B is considerable.
Judgment
The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.
In addition, in a case where the first instance court rendered a not guilty verdict of the facts charged on the ground that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as witness examination, etc., in view of the fact that the criminal appellate court has the nature as a post-examination even though it is still a part of the trial and the spirit of substantial direct examination under the Criminal Procedure Act, it may be probable or doubtful as to the facts partially opposed to the result
Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone does not lead to concluding that there was an error of mistake of facts in the judgment of the first instance court that lack of proof of crime (see, e.g., Supreme Court Decision 2015Do8610, Apr. 15, 2016). Examining the circumstances described in the lower court’s detailed comparison with the records of this case, the lower court’s judgment is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as argued by the Prosecutor.
In conclusion, the prosecutor's appeal is without merit.