The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as expert opinion on medical examination and evaluation of the gist of the grounds for appeal, even though the defendant was sufficiently admitted that he was hospitalized for an unnecessary long time as stated in the facts charged and acquired insurance proceeds in proportion thereto, the judgment of the first instance court that acquitted the defendant is erroneous in matters of mistake or misapprehension of legal principles.

2. Article 307(2) of the Criminal Procedure Act provides that “The recognition of a criminal fact shall reach a proof to the extent that there is no reasonable doubt.”

Therefore, the conviction in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt.

In a case where the evidence submitted by the prosecutor alone does not reach the degree of conviction, the determination should be made with the benefit of the defendant even if there is a suspicion of guilt.

(see, e.g., Supreme Court Decisions 92Do1405, Sept. 1, 1992; 2016Do21231, Oct. 31, 2017). Meanwhile, in a case where the first instance court rendered a not guilty verdict of charges on the grounds that there is insufficient evidence to exclude reasonable doubt after undergoing the examination of evidence, such as the examination of witness, in light of the fact that the first instance court has the nature as a post facto trial even after the existence of a criminal appeal, and the spirit of substantial direct cross-examination under the Criminal Procedure Act, etc., the first instance court may raise a probability or doubt as to the facts partially opposed to the result of the appellate trial.

Even if it does not reach the extent of sufficiently resolving the reasonable suspicion caused by the first instance trial, such circumstance alone alone makes it difficult to prove that there was an error of mistake of facts in the judgment of the first instance court, and thus, it should not be convicted of the charge.