The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal brought an injury upon the victim E, and there is sufficient evidence to support this, the court below acquitted the defendant on the ground that there is no evidence to prove the facts charged of this case. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. Determination

가. 공소사실의 요지 피고인은 2012. 11. 1. 19:00경 군산시 C에 있는 D에서 피해자 E로부터 폭행을 당하자 이에 대항하여 피해자 E의 멱살을 잡고 방바닥에 뒹굴면서 주먹으로 얼굴을 때리고 밖에서 다시 주먹으로 피해자의 얼굴을 폭행하여 약 2주간의 치료가 필요한 양무릎 타박상, 양무릎 열린 상처, 경추부 염좌긴장, 골반 타박상의 상해를 가하였다.

B. The court below found the defendant not guilty on the ground that each evidence submitted by the prosecutor alone is insufficient to recognize that the defendant injured the victim as stated in the above facts charged, and there is no other evidence to acknowledge this, and therefore, the facts charged in this case constitutes a case where there is no evidence to prove the facts charged. Considering the reasoning of the judgment below in comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as pointed out by the prosecutor.

Therefore, the prosecutor's argument of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.