A. According to the evidence submitted by the prosecutor of the facts, the court below found the Defendant guilty of assaulting (hereinafter “instant charges”) among the facts charged in this case that the Defendant committed assaulting D’s shoulder, but found the Defendant guilty. The court below erred by misapprehending the facts and acquitted the Defendant.

B. The sentence that the court below rendered unfair sentencing (five million won in penalty) is too unhued and unfair.

2. Determination

A. The lower court rendered a judgment on the assertion of mistake of facts, on the grounds that there was a statement at D’s investigative agency and court of the lower court that conforms to this part of the facts charged, but it is difficult to believe it as it is in light of witness E’s statement in the court of the lower court, and that there was no other evidence to acknowledge the

The judgment below

As a result of a thorough examination by comparing the reasoning of this case with the records of this case, the court below's finding of facts and determination are justified, and there is no error of law by mistake as alleged by the prosecutor.

B. In full view of all the circumstances, such as the motive, means, and consequence of the instant crime, the circumstances after the crime, and the Defendant’s age, character, environment, etc., which are favorable or unfavorable to the Defendant as stated in the lower court’s judgment regarding the unfair argument of sentencing, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion because it is too unfeasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.