However, since the appeal against the non-guilty portion by the prosecutor is final and conclusive, the scope of the trial of this court is limited to the non-guilty portion.

Summary of Grounds for Appeal

In full view of the evidence submitted, since the defendant could recognize the fact that he committed assault against the victim even on March 1, 2014, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of facts and the conclusion of judgment.

Judgment

A. Around 16:00 on March 1, 2014, the Defendant: (a) committed assault by the victim E (54 years of age, female president) who was the former female president of the said apartment complex among the meetings related to the re-election of female president at the D apartment senior citizens hall at the time of female senior citizens; (b) the victim E (54 years of age, female president) returned the certificate of the female president to the defective victim; and (c) the 20 minutes of flapsing in both hands.

B. The lower court determined as to the facts charged, in light of the witness’s statement and attitude at the scene of March 1, 2014, other than the Defendant and the victim, the date and circumstances the victim made a complaint, and the degree of physical records inflicted on the victim, etc., determined that the victim’s statement that corresponds to this part of the facts charged is difficult to believe as it is and there is no other evidence to acknowledge it.

In full view of the evidence submitted, the judgment of the court below is just, and the prosecutor's allegation of mistake is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.