The prosecutor's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court found the Defendant guilty of the assault and bodily injury on August 15, 2017 and sentenced a fine of KRW 3 million. As to the assault and bodily injury on May 28, 2017, which is the remainder of the facts charged, the evidence submitted by the prosecutor alone is insufficient to acknowledge it, and not guilty on the ground that there is no other evidence to acknowledge it.

Accordingly, the Defendant did not appeal against the lower judgment, and the Prosecutor appealed on the ground of mistake of facts only for assault committed on May 28, 2017, which is the part of innocence among the lower judgment.

Therefore, since the fact of assault and injury committed on August 15, 2017, which is the guilty portion of the lower judgment, and that of assault and injury committed by both the Defendant and the prosecutor have become final and conclusive separately by failing to appeal, the scope of the lower court’s judgment is limited to the part of assault committed on May 28, 2017, which was rendered

2. In full view of the evidence presented by the Prosecutor’s summary of the grounds for appeal, despite the fact that the Defendant could have abused the victim on May 28, 2017, the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

3. The lower court found the Defendant not guilty of this part of the facts charged on the ground that the only evidence consistent with this part of the facts charged is the victim B’s statement, there is no other evidence supporting the victim’s statement, such as the details of hospital treatment or CCTV images, and that it is insufficient to recognize the victim’s above police statement and the written accusation of the victim’s death on January 5, 2018.

While the Defendant recognized and led to the assault against the victim B on August 15, 2017, the Defendant consistently denied the assault against the same victim on May 28, 2017 from an investigative agency to the court of the lower court. As seen earlier, the victim was already dead and corresponding thereto.