Since the court below has consistently explained the form of assault specifically and consistently, even though it is possible to fully recognize the facts charged of this case by the victim's statement, it erred in the misapprehension of facts in the judgment of not guilty of the facts charged of this case.

2. The court below found the defendant not guilty of the facts charged of this case on the ground that it is difficult to believe the victim's statement or there is no other evidence supporting the victim's statement, etc. in light of the following: (i) the victim made a statement to the purport that "the victim made a statement to the effect that he was drinking together at the time at the investigative agency and court of the court of the court below as well as that he was unable to make a statement about the specific situation, etc. of the victim who was assaulted by the defendant; (ii) the victim was issued a summary order of a fine of one million won due to criminal facts: (iii) the victim made a statement to the effect that "at the time of the defendant's face is sealed, and there is no fact that there is no fact that the victim committed violence against E" at the investigative agency and court of the court of the court below, and it appears that the situation is distorted differently from the facts at the time, such as "the victim's statement is hard to believe or there is no other evidence supporting the victim's statement.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below is justified, and there is no violation of law by mistake of facts as alleged by the prosecutor.

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