The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the mistake of facts (as to the part of acquittal in the reason (special injury)), each statement of the victim C and witness E and CCTV video recording corresponding thereto, it may be sufficiently recognized that the defendant carried a dangerous object, such as taking a victim into consideration several times in favor of the victim and having a victim, and that he/she intended to inflict injury on the victim.

Nevertheless, the judgment of the court below which found the defendant guilty only on the ground that the intention of the special injury cannot be recognized, and found the defendant not guilty on the ground of the special injury.

B. The suspended sentence of a fine of KRW 3 million imposed by the lower court is too unjustifiable and unreasonable.

2. Determination

A. 1) On April 19, 2018, from around 22:52 to 04:07 the following day, the Defendant: (a) from “D” operated by the victim C (n, 44 years old) located in Gangnam-gu Seoul Gangnam-gu, the gist of this part of the facts charged, the Defendant carried dangerous articles with the victim as he was at risking the victim by gathering the dangerous articles on the table, which are dangerous articles on the table, and caused an injury to the victim for about two weeks of treatment; (b) the lower court determined that it is difficult for the Defendant to fully acknowledge the possibility that the Defendant was not guilty of the above part of the facts charged on the ground that the Defendant carried the dangerous articles on the table, such as this part of the facts charged, with the intent to inflict injury on the victim; and (c) it is difficult for the prosecutor to fully acknowledge the possibility that the said articles were in danger to the victim on his own.

3) The jury will be a participatory trial.