The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below rejected the victim's statement despite the credibility of the victim's statement, which was erroneous in the misunderstanding of facts and legal principles (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the driver's assault, etc.) and acquitted the victim of the facts charged in this case.

B. The punishment sentenced by the lower court (amounting to KRW 300,000) is too unfilled and unfair.

2. Determination

A. The victim’s statement is made at the investigative agency and the court in direct evidence that corresponds to the facts charged in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) on the judgment of misunderstanding of facts and misapprehension of legal principles

Accordingly, the lower court, based on its stated reasoning, proved that this part of the facts charged was proven without reasonable doubt by only the statements of the victim and other evidence submitted by the prosecutor.

It is difficult to see

The decision of the court below is justified in examining the evidence records and closely, and there is no error of misunderstanding the facts alleged by the prosecutor or misunderstanding the legal principles.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.

B. The fact that the defendant had a previous record of the same kind of judgment on the unfair argument of sentencing, did not take measures to recover damage, and the victim was punished for the defendant is disadvantageous to the defendant.

However, in full view of all the sentencing conditions in the records of this case, including the fact that the degree of assault is not serious, the fact that the defendant was contingent in the course of dispute with the victim, the fact that the defendant was suffering from a cerebral disease, the defendant's age, and the circumstances before and after the crime, it does not seem that the punishment imposed by the court below is too uneasible and unfair

Therefore, the prosecutor's improper assertion of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.