The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (as to the acquittal portion), the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he committed assault against the victim F by drinking as the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unreasonable sentencing (a fine of five million won) is too uneased and unreasonable.

2. Determination

A. In a criminal case of a judgment on a mistake of facts, the prosecutor presents evidence that there is a criminal fact in the criminal case of a judgment on a mistake of facts, and even if the change of the defendant's lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts must have a judge have a high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the aforementioned legal principles and records, the court below's decision on the charge of this portion is just in holding the defendant not guilty on the ground that there is insufficient evidence to support the facts that the defendant committed assault against the victim F's victim F's interest in drinking on the ground as stated in its holding, and there is no sufficient evidence to support the facts that the defendant committed assault against the victim F's interest in drinking on the ground as stated in its holding. The court below's decision on the charge of this portion is just, and there is no sufficient evidence to support that the degree of proof of this part of the facts charged reaches the degree of recognition beyond the suspicion of conviction. Thus, the prosecutor's above

B. The motive, means, and result of the instant crime, the circumstances after the instant crime, and the Defendant recognized both the instant crime and divided his mistake.