The prosecutor's appeal is dismissed.

1. In full view of the victim’s consistent statement in the summary of the grounds for appeal, the Defendant may acknowledge the facts of assaulting the victim as stated in the facts charged of this case.

2. Determination

A. On July 11, 2013, around 11:45, the facts charged in the instant case, the Defendant appeared to be present in the earth while denying assault from the time of mobilization by the police officer at the time of the instant case to verify the developments of the instant case. On the front side of the “D” located in Gangnam-gu Seoul, Gangnam-gu, for the reason that the victim E was obstructed by the passage of a FIsttop vehicle parked by the Defendant, and assaulted the victim at his hand on four occasions with the flaps of the victim’s head on the flaps. 2) The lower court determined that the Defendant appeared to have failed to appear in the earth while ensuring the victim’s head at the time of the instant case. According to the records, it was difficult for the Defendant to have been present at the flaps, but the Defendant did not have any assault or assault the victim at the scene on the flaps on the ground that he did not have any desire to have been present at the scene. However, it was also difficult for the Defendant and the witness at the scene.