The prosecutor's appeal is dismissed.

1. Despite the credibility of each of the statements made by the victim D and the Moel business owner F, who is a witness, consistent with the summary of the grounds for appeal, the court below rejected and acquitted the facts, and the judgment of the court below is erroneous in misunderstanding of facts.

2. The summary of the facts charged in the instant case is the victim D and the person who returned from August 201 to November 201 of the same year.

On September 3, 2011, the Defendant: (a) around 00:28, in Suwon-si Embro, and on the ground that the elevator arrived at the second floor, and the victim did not get out of the elevator, and (b) caused assault to the victim by walking the victim’s bridge part on one occasion.

3. Determination

A. The burden of proof of criminal facts prosecuted in a criminal trial is the prosecutor, and the conviction is based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

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

(See Supreme Court Decision 2002Do5662 delivered on December 24, 2002, etc.). B.

The main evidence that corresponds to the facts charged in this case is the victim D's statement and the witness's Moel business owner F's statement.

D At the time of the instant case, the process between the Defendant and the Defendant’s body bat at the same time and the Defendant’s body bat at the end bat and the Defendant’s body bat at the end bat at the end bat at the end bat, and during a short time until the end of the elevator up to the end of the second floor bat, the Defendant batd the Defendant’s expression that he would not refuse to go to go to the bat, while the batd self cat in the elevator, and at the same time batd the Defendant’s expression that he would go to the bat at the same time, cat off the elevator, and bat off from the elevator. The Defendant did not have any further assault.