The prosecutor's appeal is dismissed.

1. According to the CCTV video recording that was established at the summary of the grounds for appeal, the lower court acquitted the Defendant on the ground that the Defendant was aware of the fact of assaulting the victim as stated in the facts charged of this case.

2. Determination

A. On April 4, 2017, the summary of the facts charged was as follows: (a) the Defendant found in the above singing practice room operated by the victim E (the age of 60), but did not open a door at the parking lot located in Young-si, Suwon-si, Suwon-si, and D’s building parking lot located in this building.

The defendant is unable to proceed with a vehicle by inserting the victim's boarding on his own vehicle and leaving the vehicle along the front wheel of the vehicle before entering the roadway from the parking lot to the vehicular road, and "A, if it is necessary to get out of the vehicle," and opening the door of the vehicle.

However, since the victim did not open the door door, the defendant opened a door to the driver's seat, and the victim continued to get off the door from the car.

The Defendant: (a) caused the victim’s left left her chests to go beyond the driver’s seat next to the driver’s seat; and (b) caused the victim with salt and tensions, (the left side) and other parts of the necks of 14 days, which require medical treatment; and (c) caused the victim’s injury to the victim’s typoids, tensions, and vegetable electric wall typ.

B. The lower court determined that the principal evidence that corresponds to the facts charged in the instant case is the victim’s investigative agency and the court of the lower court’s trial. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is difficult to believe the victim’s above statement, and the remaining evidence submitted by the prosecutor alone was insufficient to recognize the Defendant as guilty.

(1) The victim is under dispute before the driver's seat before the driver's seat in the investigative agency and the court of the court below. The defendant is under the front of the driver's seat.