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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is established separately from the crime of violation of the Punishment of Minor Offenses Act and the crime of assault in this case as indicated in the judgment of the court below. Thus, the two are not identical facts. Thus, the court below's decision of acquittal is erroneous in the misapprehension of legal principles and affected
2. Determination
A. On July 25, 2016, around 23:21, 2016, the Defendant used the victim E (the victim 28 years of age) who is an employee of convenience store in front of the D convenience store located in Kimhae-si, on the ground that he does not sell this drinking, and used the victim’s left chest part of the Defendant’s chest, 2 times in a breath and breath, and assaulted the victim.
B. The lower court rendered a judgment on July 25, 2016, on the ground that: (a) around 22:55, the Defendant committed an act of disturbing drinking at D convenience stores located in Kimhae-si F (road name address Kimhae-si C; (b) “The facts constituting the crime of violating the Punishment of Minor Offenses Act, which was finalized after being judged on December 5, 2016; and (c) the 112 Report Processing Table (Investigation Record 38 pages) of the same case, “the specific contents of the act of disturbing drinking,” which the Defendant under the influence of alcohol requested D convenience stores in F to perform drinking, and bread and boomed, it stated “,” and thus, the facts constituting the crime of the crime of violation of the Punishment of Minor Offenses Act and the facts constituting the basis of the crime, date, place, and the victim, etc., are basically the same, and thus, acquitted the facts of the instant case on the ground that the said trial has an effect.
(c)
The facts charged in violation of the Punishment of Minor Offenses Act and the facts charged in this case, for which the judgment on the trial was made, are the same as ① the victim is identical, ② the time of the crime is close, ③ the place is the same, ③ the victim was requested to sell alcohol, and ③ the core part of the crime that the victim was unable to resist while demanding the sale of alcohol is also identical.
B. The Punishment of Minor Offenses Act is against the Punishment of Minor Offenses Act.