The prosecutor's appeal is dismissed.

1. According to the evidence duly admitted and examined by the court below, the court below found the defendant guilty of the facts charged in this case, but there is an error of law by mistake of facts.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have the truth of the facts charged to the extent that there is no reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

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

(2) The court below found the defendant not guilty of the facts charged of this case on the grounds stated in its reasoning. In light of the records of this case, considering the reasoning of the judgment below, the judgment below is just and there is no error of misunderstanding of facts as alleged by the prosecutor, and even if the prosecutor additionally submitted evidence in the trial, it is insufficient to view that the facts charged of this case was proven to the extent that there is no reasonable doubt. Thus, the prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.