The prosecutor's appeal is dismissed.

1. Of the facts charged against the Defendant, the lower court dismissed the public prosecution regarding the Defendant’s assault against the Victim G, and dismissed the verdict of innocence regarding the special injury against the Victim B. The prosecutor appealeded on the grounds of mistake of facts as to the acquittal portion among the lower judgment, and did not separately appeal the dismissed portion of the public prosecution.

Therefore, since the judgment of the court below to dismiss the prosecution against the defendant is separated and confirmed as it is, only the portion of the judgment of the court below to be acquitted is within the scope of the judgment of this court.

2. The gist of the prosecutor's appeal is as follows: although the defendant could fully recognize the fact that the defendant had inflicted bodily injury on the victim by carrying dangerous articles, such as the victim's hair due to beer disease, as stated in the facts charged of this case, the court below acquitted the defendant; thus, the court below erred by misapprehending the facts.

3. Determination

A. On March 6, 2017, the Defendant: (a) around 07:15, the Defendant carried a D restaurant located in Busan, Busan, and carried a drinking beverage with the victim B (49 years of age) in a monetary relationship, and inflicted an injury on the victim for treatment days by carrying dangerous goods, such as drinking alcohol, drinking alcohol, and drinking alcohol, once the head part of the victim’s face; (b) making the victim’s face part several times by drinking alcohol; and (c) taking a shoulder glass bottle with the victim’s right hand over, thereby causing injury to the victim for treatment days.

B. The lower court acquitted the Defendant of the instant facts charged on the following grounds.

First of all, in light of the legal statement of the victim B, only the police interrogation protocol against B, the police statement protocol against E, the investigation report against E (Evidence No. 1), and the investigation report (information on change of the name of the crime) are the beer's disease, which is dangerous to the defendant, one time the head of the victim's body, and the victim's disease is the victim.