The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) of the defendant's assault in this case, that the injured party was prescribed by drugs because the injured party was inside the hospital, and that the injured party was inside the chest of the injured party, and the injured party's wife was injured under the Criminal Act.

Nevertheless, the court below held that the victim suffered the result of the year under the Criminal Act

For the reasons that it is difficult to see that the facts charged of the instant injury were acquitted, and the prosecution was dismissed. There is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

2. In light of the judgment, the injury in the crime of injury refers to a change of a victim's physical condition to a poor condition, and a disability in his/her living function. If the injured party's wife is extremely minor and the injured party's wife does not need treatment, and if the injured party can naturally recover from his/her daily life without treatment, it cannot be deemed that the injured party's physical health condition was changed, or that his/her living function was damaged, and it is difficult to deem that the injured party's physical condition was changed, or that the injured party's life was hindered (see, e.g., Supreme Court Decision 2003Do2313, Jul. 11, 2003). Considering the facts and circumstances stated in its reasoning, the court below found that the evidence submitted by the prosecutor alone alone proves that the result of the year under the Criminal Act was caused to the injured party due to the exercise of the Defendant's tangible force, such as the facts charged in this case.

For reasons that it cannot be seen, the facts charged of the instant injury were judged not guilty, and the prosecution against the act of assault was dismissed.

In addition to the circumstances stated by the court below, the following circumstances acknowledged by the record, namely, ① issue a prescription to the victim by a F Council member visited by the victim.