However, the court below erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.

2. Determination

A. On February 7, 2012, the Defendant: (a) around 23:00, on the alleyway adjacent to the D Public Health Clinics Offices in Chungcheongnam-gun, Chungcheongnam-gun; (b) on the ground that the victim E (num, 41 years of age) demands money from the victim E to the Flusium; (c) he spits down the victim; (d) he spit the victim; and (e) he spited the victim two times with the victim’s hand, spacking the victim two times with the victim’s spacks; and (e) carried the victim’s breasts over the floor, thereby causing injury to the victim on the an inner flusium, acute sponsorum, spined salt, and chest fluoral coordinate, for which treatment is required.

B. The lower court determined that the evidence submitted by the prosecutor, such as the victim's statement and the injury diagnosis, alone, is insufficient to acknowledge the guilty of the instant charges, taking into account the following: (a) the victim intentionally accessed the Defendant with good appraisal that he was spiting the Defendant; (b) the victim made a false statement on the side of the instant case; (c) the victim made a statement inconsistent with G about the process or purpose of spiting the Defendant; (d) G was considered as having taken the situation after the victim had already been spited; and (e) the victim's face photographs taken immediately after the instant case were merely indirect evidence; (e) the victim's face pictures do not seem to be stimulated; and

C. In light of the following circumstances, the judgment of the court below and the evidence duly admitted and investigated by the court below, the court below's finding the defendant not guilty of the facts charged in this case for the above reasons is just and acceptable, and it is erroneous for misconception of facts.