The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the court below found the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defence assault, etc.) and convicted him of the crime of assault and intimidation. The court below erred in the misapprehension of facts.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. Judgment 1 on the assertion of mistake of facts 1) The summary of this part of the facts charged is the head of the C church in the Nam-gu Incheon, and D is the members of the C church.

On May 21, 2015, the Defendant filed a complaint with D in the past against the pastor E and the Defendant of the C church, and consumed the church finance of E and the Defendant for the expenses of supervision over E’s election, and had been sentenced to two years of suspension of execution on June of 2015, and had a good appraisal about E.

At around 10:20 on July 24, 2016, the Defendant assaulted D such as “this year” to D with a view to retaliationing D from the first floor of the C church on the 1st floor of the C church, and pushing it in his hand, and continued to die in the elevator.

After the completion of the suspended sentence, we see only the end of the enforcement period, "hone governance", and notify D of harm and injury.

2) The lower court’s determination comprehensively based on the following circumstances acknowledged by the lower court: (a) At the time of the instant case, the Defendant and D are places open to the public where many people walked with the Defendant at the time of the instant case; (b) at the time, the Defendant listened to a somewhat offensive speech from D and pushed off D one time with his body in the state where the sexual intercourse took place; (c) the Defendant was not much serious; and (d) the Defendant was aware of the Defendant’s defamation statement from D from another female faith in the elevator to the point where the Defendant was a criminal record, and (e) the Defendant appears to have failed to attend the conversation and expressed a intimidation.