The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is sufficiently recognized by the evidence that the defendant committed the victim's head, and this constitutes a constituent element of the crime of assault, and there is no reason to deny illegality or to deny liability. Therefore, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of facts, which affected

2. Examining the evidence duly admitted and investigated by the court below and the reasons for the judgment of the court below closely, the court below is justified in finding innocence of the facts charged in this case on the grounds of the circumstances as stated in its holding, and it cannot be said that there were errors by misconception of facts as alleged by the prosecutor and thereby affecting the conclusion of the judgment.

(However, the witness H stated in the investigative agency and the court of the court below that the defendant saw the victim's et al. or shoulder, and the judgment of the court below is not revealed, but the judgment of the court below is not revealed, and H's statement also does not mean that the defendant saw the victim's head, so it is insufficient to recognize the defendant guilty of the facts charged). The prosecutor's argument of mistake of facts

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