The prosecutor's appeal is dismissed.

1. According to the statement of the victim of the grounds for appeal, the court below found the defendant not guilty of the facts charged of this case in spite of the fact that the defendant was aware of the victim's snow as a sick's side and continuously made a sick with the victim's snow. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. The facts charged and the judgment of the court below

A. The Defendant in the facts charged in the instant case had a good appraisal as to whether the victim C (the age of 80) had “saliva that prevents the long-term care from a senior citizen hall,” and paid a civil petition to Seosan.”

At around 15:00 on September 24, 201, the Defendant discovered the victim who was seated in the middle of the Dmnasium in Seosan-si Dmna, Seosan-si Dmnasium, and brought about a dog with about 1m stick of about 1m of the victim’s left side, with a stick of about 1m of 1m of the victim’s length being able to “I am, I am am, I am am, I do not know about the number of days of treatment, I am.”

B. The judgment of the court below held that the witness C, the victim, who is the evidence that corresponds to the fact that the defendant assaulted the victim as stated in the facts charged, has made each statement in the court below and the investigative agency, but the victim stated that "the victim had a stick on the left side of the cane and faced with the right part of the door to the right side" in the investigative agency, but in the court, the statement was consistent, such as "the head of the cane in the right side with the cane.", "the head of the body is flick with the snow, and the snow is not flick with the snow," and ② even when considering the photograph of the damaged part, there is only a trace that can be flicked with the snow around the victim, and there is no room for the snow itself, and the victim is in the original head of the back.