The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal, etc. by the victim’s statement, etc., the court below found the Defendant guilty of the facts charged of this case, but found the Defendant not guilty of this.

2. There are statements made by C and CCTV video images in the accusation and the police as evidence that conforms to the facts that the defendant had a victim in a judgment as to the grounds for appeal.

However, in light of the following circumstances, i.e., ① the CCTV screen was used to assault the victim at all, rather than the victim was used to assault the victim, ② the Defendant and the victim were extremely short of time on the CCTV screen, ③ the Defendant filed a complaint against the victim on August 23, 2012 as the above assault, and the victim filed a complaint against the Defendant on September 27, 2012, the above evidence submitted by the prosecutor alone cannot be deemed to have proved that the facts charged in the instant case was proven to the extent that the conviction was proven.

Therefore, since the facts charged in this case are deemed not guilty due to lack of proof of crime, the prosecutor's argument is rejected.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.