The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment, despite the fact that the defendant exceeded the victim's awareness and suffered injury at one time.

2. Alteration of indictment (additional of the facts charged in reserve);

A. The prosecutor, while maintaining the facts charged as to the injury of which the court below was acquitted, added the facts charged as to the assault as set forth in the following sub-paragraph (b) and added the applicable provisions of Acts to "preliminary applicable provisions: Article 260(1) of the Criminal Act", and applied for changes in the indictment with the permission of this court.

In the following, the grounds for appeal concerning the primary facts charged by the prosecutor and the ancillary facts added in the trial are examined in order.

나. 예비적 공소사실(폭행) 피고인은 2018. 2. 25. 09:10경 김해시 B건물, 2층 C다방에서 피해자 D(58세)가 같이 일할 사람을 찾기 위해 “일 할 사람 있어요 ”라고 물었는데 피고인이 피해자에게 “사람이 어딨노 새끼야”라고 욕을 하여 피해자가 “왜 욕을 하느냐”며 따지자 이마로 피해자의 코 부위를 1위 들이박아 폭행하였다.

3. Determination

A. The judgment of the court below 1 on the grounds of appeal as to the primary facts charged is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the defendant was not in a consistent way from the investigative agency to the court, and did not have any harm to the defendant, and the victim did not have a friend with the victim while her friend with the victim under the influence of alcohol, and ② the dispute between the defendant and the victim, other than the statement of the defendant and the victim, exists.