The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal submitted by the prosecutor, although the defendant could have sufficiently recognized that the defendant injured the victim D's shoulder by hand (the primary facts charged), or committed at least assault (the preliminary facts charged), the court below erred by misapprehending the facts and thereby acquitted the defendant.

2. Determination

A. The summary of the facts charged in the instant case (1) The Defendant, on October 16, 2014, suffered bodily injury, such as finite, etc., for which approximately two weeks of treatment is required for the victim’s shoulder in his/her hand, while taking a dispute, due to the fact that the Defendant, around 08:30 on October 16, 2014, he/she was in need of the victim’s shoulder at the Dongante Industries Factory, which is located 63 roads from the Gangseo-gu Busan Metropolitan City computer Team 1 to 63-day.

(2) The Defendant, at the above time and place, assaulted the victim’s shoulder at his/her hand on one occasion during a dispute with the victim for the said reasons.

B. The judgment of the court below is consistent with the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the defendant consistently asserts to the effect that “the defendant was only a multiple dispute and did not assault the victim,” and (ii) the witness E at the time also states to the effect that “the defendant has a multiple-investment, and does not have a civilian fact about the victim’s chest or shoulder to the extent of plucking and plucking of the victim; (iii) it is difficult to recognize the exercise of physical power to the extent that the victim would lose his/her dispute as a assault under the Criminal Act; and (iv) it is reasonable to deem that the victim was a justifiable act that does not go against social rules even if it is family affairs; and (v) in light of the fact that the defendant was sealed not only by his/her shoulder but also by his/her chest, the victim’s statement was submitted by the prosecutor as well as the prosecutor.