The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal can be recognized that the defendant inflicted an injury on the victim jointly with D and E, the court below acquitted the victim of the facts charged, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged is that the Defendant was faced with E and the victim K (year 21) who was drinking food within the main point of "J" located in Jung-gu Seoul Metropolitan Government, around April 8, 2012, around D, E, F, G, H, B, and school alumnis, and around 01:45 on April 8, 2012, in order to avoid tobacco.

E refers to the victim who gets away from the victim without a death, and the defendant and B are able to fight with the victim, and as the defendant and B are able to do so, E takes the face of the victim in drinking, D is able to walk the victim's face, and the defendant and B were pushed the victim.

Thus, the defendant, in collaboration with B, D, and E, was suffering from alphical tension that requires seven weeks of treatment.

3. The judgment of the court below is not sufficient to acknowledge the fact that the defendant committed a crime as stated in the facts charged in D and E with evidence that corresponds to the fact that the defendant committed a crime as stated in D and E, but it is hard to believe that the defendant's statement of the witness K and the witness G among the third trial records of the court below that "the defendant did not have an assault to K or assault the defendant," in light of the witness's statement in the third trial records and the witness G's statement, etc., and the remaining evidence submitted by the prosecutor are insufficient to recognize that the defendant committed a crime as stated in the facts charged in D and E, and that there is no other evidence to acknowledge it.

4. On the basis of the judgment of the court below, the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, i.e., the victim K of the crime of this case identified the victim D and E at the police as the perpetrator of the crime of this case, and at the court of the court below.