According to the statement of the victim and witness and the statement of the injury diagnosis report, etc., the court below found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

Judgment

The summary of the facts charged of injury to the victim G is that “the defendant spent time expenses for the sale of the victim G and May, and went beyond the victim’s face at one time due to drinking, and taken the victim’s face at one time by hand, and followed the victim’s face at one time, and followed the victim’s face at one time for about four weeks of treatment.”

The court below found the victim G not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize the above facts charged and there is no other evidence to acknowledge it, in full view of the fact that the victim G was unable to memory the situation when the defendant was assaulted by the defendant, and that H, a witness, cannot memory the defendant when the defendant was a victim G.

Considering the fact that the evidence submitted by the court below and the victim G at the time were under the influence of alcohol, it cannot be ruled out the possibility of being passed by themselves, the above judgment of the court below is just, and the prosecutor's allegation of mistake is

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.