The prosecutor's appeal is dismissed.

1. At the time of the summary of the grounds of appeal, in light of the fact that the victim and witness made a statement by agreement that the defendant was well-known and sealed by the victim, the defendant's assaulted the victim, and since 3 days thereafter, the victim was diagnosed by the right-hand pelle, the above injury may be deemed to have arisen from the defendant's assault. Even if the victim had knee knee tye tye tye tye tye in the previous 1 year, it cannot be said that there was no causal relationship between the defendant's assault and the victim's injury.

Nevertheless, the court below found the defendant not guilty on the ground that the defendant did not recognize the fact that he abused the victim and the injury suffered by the victim did not have a causal relationship with the defendant. In so doing, the court below erred by mistake of facts

2. Determination

가. 원심의 판단 원심은, 피해자는 피고인과 서로 멱살을 잡고 마주보는 상태에서 엉덩방아 찧듯이 천천히 넘어졌는데, 피해자가 피고인의 신체 일부를 잡고 넘어지지 않으려 하였거나 피고인이 피해자가 넘어지는 것을 붙잡아 천천히 넘어지는 상황이었던 것으로 보인다고 판단하였고, 피해자에게 ‘양쪽원발성무릎관절증’이라는 기왕증이 있었던 점이나 상해진단서가 상해발생일로부터 2주 뒤에 제출된 점을 고려하면 그 증명력을 높게 평가할 수 없다고 보아 이 사건 공소사실은 범죄사실의 증명이 없는 때에 해당한다고 판단하였다.

B. 1) The summary of the facts charged of assault: (a) Of the instant facts charged, the summary of the Defendant’s assault part in the instant facts charged is that the Defendant, by hand, flabed and spreaded the victim’s breath, thereby allowing the victim to go beyond the floor.

B. In light of the relevant legal principles and the evidence duly examined in the first instance court.