The prosecutor's appeal is dismissed.

1. The court below erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the victim's statement as to the fact that there was Defendant's assault or intimidation is mutually consistent, in consideration of the victim's credibility and sufficient recognition of the facts charged in this case, although the victim's statement as to the fact that there was assault or intimidation by Defendant (misunderstanding of facts and misapprehension of legal principles) and the circumstances before and after the case.

2. Determination

A. The facts constituting an offense prosecuted in a criminal trial must be proved by the prosecutor, and the judge should be convicted with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. In light of the following circumstances, the lower court has a firm credibility of the police of the victim and the legal statement of the lower court, which corresponds to the fact that the Defendant abused the victim, to the extent that there is no reasonable doubt.

In addition, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant committed a assault against the victim as stated in the facts charged.

I considered it.

① During the police investigation, the victim stated that “in the situation where 10 believerss are surrounding himself, the Defendant left a passport and a foreigner registration certificate as soon as possible with falth and large fals and left the passport and a foreigner registration certificate to D,” and stated to the effect that the Defendant’s time when she takes the balth of the victim’s balth and the time when she issues a passport and a foreigner registration certificate is close to time.

However, according to the contents of the recording at the time, the defendant flaps around the time when the victim issues a passport and a foreign registration certificate.