폭행
The prosecutor's appeal is dismissed.
1. Although the summary of the grounds for appeal D and witness E’s statements are consistent with the basic facts, the court below acquitted the Defendant of the facts charged in this case on the ground that there is insufficient evidence, and there is an error of law that affected the conclusion of the judgment due to misunderstanding of facts.
2. We examine the reasoning of the judgment below in light of the records of this case. In light of the various circumstances acknowledged by the court below, there is not sufficient evidence to acknowledge that the defendant committed a assault against D as stated in the facts charged of this case, and there is no other evidence to acknowledge it. Thus, the fact-finding and judgment of the court below which acquitted the defendant for this reason is just and it is not reasonable, and there is no error of law that affected the conclusion of the judgment due to misconception of facts as pointed out by the prosecutor, and the prosecutor's assertion
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.