The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by a prosecutor of mistake of facts, the court below found the Defendant not guilty of this part of the facts charged despite the fact that the Defendant committed assault against the victim B on November 3, 2017, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of a fine) is too uneased and unreasonable.

2. Determination

A. 1) On November 3, 2017, the summary of this part of the facts charged is indicated as “D” on or around November 3, 2017, the Defendant stated in the judgment of the court below that he was not guilty of this part of the facts charged, but it is apparent that it is “F”’s clerical error in the part of the charge in the judgment of the court below. In front of the Defendant’s office room, the Defendant was found guilty of this part of the facts charged on the following grounds: (a) in front of the Defendant’s office room, the Defendant heards the victim’s front door from the victim’s door to the cellular phone and took the victim’s front door from the victim’s door to the front door; (b) the victim’s cell phone from the front door to the victim’s cell phone; and (c) the victim’s cell phone from the defect to the victim’s face to the victim’s cell, and used the victim

① 사건 당시 피고인이 휴대전화로 촬영한 동영상을 재생ㆍ시청한 결과, 피고인이 계단 아래에서 휴대전화로 동영상을 촬영하고 있는데 피해자가 계단을 내려오면서 “뭐 하는 거야”라고 말하면서 피고인의 휴대전화를 향해 손을 뻗었고, 이에 피고인이 휴대전화를 떨어뜨려 동영상 화면이 약 5초간 까맣게 나옴을 확인할 수 있다.

② 피해자는 피고인이 떨어진 휴대전화를 주운 다음 휴대전화를 쥔 손으로 자신을 때렸다고 진술하였으나, 피고인이 휴대전화를 떨어뜨렸다가 다시 주워들었을 때까지 촬영된 동영상 화면, 소리 및 그 시간적 간격에 비추어 보면, 피해자는 피고인이...