The prosecutor's appeal is dismissed.

1. In light of the evidence submitted by the prosecutor, although the defendant, as the representative director of D Co., Ltd. (hereinafter “D”), participated in the organization and operation of D Co., Ltd., a “2 labor union” as stated in the facts charged in the instant case, thereby having committed unfair labor practices, the court below acquitted the defendant on the facts charged in the instant case, which erred by misapprehending the facts and affecting the conclusion of the judgment.

2. In a criminal trial for a judgment, the facts constituting an offense prosecuted must be proven by the prosecutor, and the judge should be found guilty with evidence having probative value, which leads to the conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, the interest of the defendant should be determined.

(2) According to the evidence duly adopted and examined by the lower court, the lower court: (a) was duly established around November 21, 2011; (b) was finalized as a negotiating trade union to enter into a collective agreement with D and D around December 2, 201; (c) was submitted a report on the establishment of D labor union (20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.

However, the above facts alone are stated in the facts charged in the instant case.