The prosecutor's appeal is dismissed.

1. The court below rejected the victim’s statement supported by objective evidence without reasonable grounds, and acquitted the Defendant of the facts charged of this case, based on the evidence submitted by the prosecutor, such as the statement, diagnosis, and photographs taken by the above parts of the judgment of the court below as to the summary of the grounds for appeal No. B. The court below erred by misapprehending the facts.

2. Determination

A. The Defendant and the victim B (the age of 23) in the instant facts charged are the relationship between the Defendant and the victim (the age of 23) known from high school and the Defendant came to contact the Defendant first with the former female-friendly Cracks of the victim, which led to the contact with the Defendant on June 6, 2018.

At around 05:30 on June 6, 2018, the Defendant: (a) committed assault against the victim, on the floor, such as “I am hicker’s desire to hyd; (b) I am hyd to hyd; and (c) I am hyd to hyd to hyd; and (d) I am hyd to hyd to hyd to hyd; and (d) I am hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd to hyd

B. The lower court rendered a not guilty verdict on the facts charged of this case on the grounds that it is difficult to believe that the statement in B’s court decision was made and the remaining evidence alone cannot be deemed as assaulting B, considering the circumstances as indicated in its reasoning.

C. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court was clearly erroneous, or the result of the first instance court’s examination and the further examination of evidence conducted not later than the closing date of arguments in the appellate trial.