The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) and H’s statement are clear and consistent with the statements of the main part of the appeal, and the I’s statement is deemed to be neutral and objective, and thus it is difficult to believe, the lower court rejected the statements of the victim and H, and the I’s statement is credibility.

In light of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On September 5, 2015, the summary of the facts charged in the instant case: (a) around 16:40 on September 5, 2015, the Defendant: (b) around 16:40, at the central playter of the Yeongdeungpo-gu Seoul Metropolitan Government Gaart apartment complex, the Defendant Dozed the victim E (6 years) of the Defendant on the ground that the Defendant’s son (8 years old) caused assault to the victim E (6 years old); (c) the victim’s face, chest, etc.; and (d) the Defendant’s hand added the victim’s left side to the apartment house, thereby making it difficult for the victim to take around 3 weeks of the victim’s treatment.

B. In light of the following circumstances acknowledged by the lower court’s judgment in light of the records, each of the statements made at the victim, H, F, and G investigative agencies and courts that seem to conform to the facts charged of the instant case is difficult to believe, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of the instant case, and there is no other evidence to acknowledge it.

① The Defendant denies not only the voice recording materials submitted by the suspect A, but also the fact that the Defendant inflicted bodily injury upon the victim, as described in the facts charged, from the investigation agency to the investigation agency, is consistent.

② G, F은 피해자와 H의 부모이고, 그들의 진술은 범행 후 피해자, H으로부터 전해 들었다는 것에 불과 하다. ③ F이 범행 당시 촬영하였다는 ‘ 피해자 E 상처 부위 사진 ’에는 피해자의 볼과 목 부위가 빨갛게 되어 있는 부분은 있으나, 그 상처가 발생한 시점이...