The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (the factual error) is the defendant's intentional injury on the grounds that the defendant, under the full awareness and intent of the victim's being able to mislead himself/herself while having his/her own arms, has been damaged by leaving his/her arms in excess of the victim.

Judgment

The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes the judge feel true beyond reasonable doubt. Thus, if there is no such evidence, the doubt of guilt is against the defendant even if there is no such evidence.

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

(2) On November 11, 2010, in light of the above legal principles, the following circumstances acknowledged by the court below based on evidence duly admitted by the court below (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). In other words, the defendant made a statement from police to police to the court of the trial that the victim had consistently carried his arms and sold to the defendant, and that there was no intention to injure the victim, and the victim made a statement that there was no intention to injure the victim. ② At the time of the police investigation, the victim was injured by the defendant's statement to the purport that "the defendant was 16 pages (Evidence record) of the victim's chest due to drinking or blue blue and blue blue boom, but, according to the above legal principles, the victim's children and the defendant's body moved in the future, the victim's body was taken to cell phone, and the victim left the defendant's body.