The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below which acquitted the defendant, as stated in the facts charged, has erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant could have jointly committed an assault against the victim C.

2. Determination

A. With respect to the facts charged that the defendant's appearance took three times the face of the victim F at the first instance, the court below found the defendant not guilty on the ground that the defendant's act constitutes self-defense under Article 21 (1) of the Criminal Act and constitutes self-defense under Article 21 (1) of the Criminal Act, the defendant's act is not guilty on the ground that it does not constitute self-defense under Article 21 (1) of the Criminal Act.

B. In a criminal trial for a final judgment, the conviction should be based on evidence of probative value, which makes the judge feel true, beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach such a degree that it would lead to such conviction, the determination should be based on the defendant’s benefit even if there is a suspicion of guilt.

(1) In light of the substance of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly erroneous, or the first instance court’s determination on the admissibility of a statement made by a witness of the first instance court is additionally made based on the evidence duly examined by the first instance court.