The prosecutor's appeal is dismissed.

1. In full view of all the evidence, including the statements of the victim with credibility of the grounds for appeal, the court below found the defendant not guilty of this part of the charges on this part of the charges, despite the fact that the defendant had inflicted an injury on the victim by cutting the victim's breast part of his chest over two times in a blurgy, wurfing, and so on, it erred in the misapprehension of facts.

2. Determination

가. 원심판결 중 이유 무죄 부분 공소사실의 요지 피고인은 2017. 4. 11. 07:50 경 전 북 임실군 C 시장 내 D 앞 노상에서 노점자리 문제로 피해자 E 와 시비 중 피해자의 가슴 부위를 2회에 걸쳐 세게 밀쳐 피해자가 닭장 모서리에 옆구리를 찧으면서 넘어지며 머리가 시멘트 바닥과 충격하게 하여 피해자에게 약 3 주간의 치료를 요하는 흉곽 전벽의 타박상, 늑골 골절, 진탕의 상해를 가하였다.

B. The court below's reasoning of its determination is as follows. The victim's statement to the effect that the defendant was faced with head on the floor because it is not consistent in the main part of the victim's statement, and it is difficult to believe it as it is because it is not consistent with all the circumstances, such as the witness's statement, medical treatment process at medical institutions, details of medical treatment, etc., and there is no clear opinion on the victim's chest crym photograph, etc.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted.

Examining the above judgment of the court below closely by comparing it with the records, the above judgment of the court below is just, and there is an error of law by mistake of facts.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is justified.