The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the evidence submitted by the prosecutor, such as the victim's statement and diagnosis, the court below found the defendant guilty of this part of the facts charged, but it erred in the misapprehension of facts and the judgment of the court below which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too uneased and unreasonable.

2. Determination

A. In a criminal case of a judgment on a mistake of facts, the prosecutor presents evidence that there is a criminal fact in the criminal case of a judgment on a mistake of facts, and even if the change of the defendant's lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts must have a judge have a high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the aforementioned legal principles and records, the lower court’s determination on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) is justifiable, on the ground that the lower court’s determination on the charge against the Defendant is insufficient to recognize the fact that the victim suffered bodily injury without reasonable doubt, based on the relevant evidence and records. Thus, the Prosecutor’s aforementioned assertion is without merit.

B. In light of the circumstances leading to the instant crime, the means and consequence thereof, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and criminal records, etc., the lower court’s sentence against the Defendant seems to be too unjustifiable, and thus, the Prosecutor’s allegation above is without merit.

3. Conclusion.