The prosecutor's appeal is dismissed.

1. The court of first instance held that the defendant did not commit a crime in that the testimony of the victim and witness is sufficient as evidence corresponding to the facts charged, while the witness on-site photographs submitted by the defendant on-site by the defendant are not continuous, and the defendant still exists at the time and on-site, the possibility that the defendant was committing a crime other than the defendant, and the judgment of the court of first instance affected the conclusion of the judgment by misunderstanding facts.

2. In full view of the facts and circumstances acknowledged by the evidence duly admitted and investigated, the first instance court’s determination is difficult to see that the victim’s statement, H and I’s statement at each investigation agency and court, witness J’s legal statement among evidence conforming to the facts charged in the instant case: (i) the victim’s statement, the victim’s statement at each investigation agency and court; and (ii) the victim’s legal statement at each film of the photograph submitted by the defense counsel at the first instance court and at the time when the victim’s movement were similar to the victim’s movement as stated in the facts charged; (iii) it is difficult to see that the victim was sealed separately from the Defendant’s charge at the time when the photograph was affixed; (iv) it is difficult to believe that the victim’s statement consistent with the above facts charged in light of the fact that the Defendant’s testimony and the victim’s behavior were insufficient to recognize the victim’s injury at the time when the prosecutor’s act was committed.