The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is as follows: (a) the victim C made an assault from the Defendant; (b) stated that the Defendant and the victim were able to fight in their body; (c) the witness E did not directly regard the Defendant and the victim; (d) he stated that the Defendant and the victim did not directly fight, but at the time he did not directly see that the Defendant and the victim met their body; (d) the witness G began to satch with the Defendant and the victim satch, and satched and pushed the body; (e) the victim stated that the Defendant and the victim were satched, satched, satched, and satched; and (e) the victim tolded the Defendant and the victim satched; and (e) the victim expressed the victim satch with the upper body, following the reply to the inquiry by the Seoul Investigative Research Institute, the court below found the Defendant not guilty of the facts charged on the ground that the victim was under influence of alcohol without reasonable doubt.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). Examining the reasoning of the lower judgment’s acquittal in light of the evidence duly admitted and investigated by the lower court based on the aforementioned legal doctrine, the result of the injury suffered by the victim on the grounds stated in its reasoning is the Defendant.