The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, the court below found the defendant guilty of the assault, but found the defendant not guilty of the assault.

B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 300,00) is too unhued and unreasonable.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts is justified in holding that this part of the facts charged constitutes a case where there is no proof of facts constituting a crime, and there is an error of law of misunderstanding of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. In light of the contents and result of the instant crime, the circumstances following the crime, the circumstances after the crime, the degree of insult committed by the Defendant to the victim, the Defendant’s absence of identical criminal records, and other factors of sentencing as shown in the argument in the instant case such as the Defendant’s age, sexual conduct, environment, etc., the sentence imposed by the lower court against the Defendant is too uneasible and unreasonable. Therefore, the prosecutor’s above assertion 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.