The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below rendered a verdict of innocence against the defendant, but the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On June 15, 2015, the Defendant: (a) around 21:20 on June 15, 2015, at the cosmetic operated in the cosmetic apartment shopping complex located in Sungnam-si, Sungnam-si, in setting up against the victim A (57 years of age); (b) laid down the victim’s breath by breaking the ebbbage; (c) breaking the victim’s shoulder by hanging the ebbbb; (d) pushed down the victim’s face on his hand; and (e) sealed the victim’s ebbbbage with the ebbbbro, and damaged the body and power lines of the shoulder fat belt that requires six-day medical treatment.

B. According to the witness F’s statement at the court, the lower court determined that: (a) following the witness F’s statement, A made a bath to the Defendant; (b) took the beauty room; (c) taken the Defendant into the beauty room; and (d) taken the witness G’s statement at the court, the Defendant and A made a statement that it was excessive at a short time for not more than two minutes; and (d) considering the fact-finding about the medical corporation, the medical corporation, the net medical foundation, and the medical foundation, upon considering the fact-finding on the hospital, A, who was under operation and treatment on the shoulder end from August 1, 2014 to January 31, 2015, it was difficult to exclude the possibility of attacking A by committing an attack as above; and (c) the evidence submitted by the prosecutor that the Defendant was not guilty of the facts charged by the Defendant on the ground that the Defendant did not constitute a criminal charge under Article 25 of the Criminal Procedure Act.

(c)

In light of the records, the evidence of this case is examined and determined.