The prosecutor's appeal is dismissed.

1. The court below sentenced not guilty of the injury caused by special injury among the facts charged in the instant case, and sentenced not to dismiss the prosecution as to the act of assault, and the prosecutor appealed on the ground of misunderstanding of legal principles and misunderstanding of facts as to the act of special injury, and thus, the dismissal of the public prosecutor's appeal is excluded from the appeal subject to this court's judgment by being separated and finalized

Therefore, the scope of this court's trial is limited to the above acquittal part of the judgment below.

2. In full view of the circumstances such as the circumstance in which the instant case occurred, the circumstance immediately before the instant special injury occurred, the fact that the Defendant took a bath for the victim and exercises the force of force, and the location of the victim at the time of the instant special injury and the method that the Defendant proceeded with the cargo vehicle, the judgment of the court below which acquitted the Defendant without recognizing the intention of the injury, without recognizing the intention of the injury, is erroneous by misapprehending the legal principles, or by misapprehending the facts.

3. Determination

A. The summary of the facts charged of this case was around 16:00 on December 11, 2017, the Defendant stopped the D1 ton cargo vehicle in front of the C reconstruction site located in Dongjak-gu Seoul Metropolitan Government, and subsequently, the Defendant was able to take a bath on the ground that the surface of the security guard at the site of the said construction site was broken down. In this regard, the victim E (62 years of age) who is the head of the said construction site at the construction site at the site at the site at the site at the site at the site at the site at the site at the site at the point above the above cargo driver’s seat, and the Defendant was unable to talk with the victim at the time when he was seated in the above cargo driver’s seat at the vehicle at the vehicle at the site at the site at the vehicle at the vehicle at the site at the vehicle at the vehicle at the site at the vehicle at the vehicle at the vehicle at the vehicle at the above at the site at the vehicle at the time at the time at the time at the vehicle at the