The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence that correspond to the facts charged in this part of the mistake of facts, the fact that the defendant was flicking the main illness, which is a dangerous thing for the victim, can be recognized as having committed violence, such as the written indictment.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unhued and unreasonable.

2. Determination

A. 1) In a criminal trial on the assertion of mistake of facts, the recognition of facts should be based on strict evidence with probative value, to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the degree of conviction as above, even if there is doubt of guilt, such as the defendant’s assertion or defense is contradictory or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). Furthermore, in light of the fact that the criminal appellate trial has the character as an ex post facto trial even though it belongs to the court, and the spirit of substantial direct and psychological principle as prescribed in the Criminal Procedure Act, etc., the court below found the defendant not guilty of the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as the examination of the witness, etc., and even if there is no probability or doubt about some opposing facts as a result of the appellate trial’s examination, the court’s determination of mistake of facts cannot be sufficiently established.