The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, in particular the victim's statement and the written diagnosis of injury, it can be recognized that the defendant inflicted an injury on the victim as stated in the primary facts charged of this case.

Furthermore, even if it is not acknowledged as the primary facts charged, considering that the defendant first runs away with the victim, it constitutes assault, which is the ancillary facts charged in the instant case.

Nevertheless, the court below found the defendant not guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. The summary of the facts charged [criminal record] On September 13, 2018, the Defendant was sentenced to three months of imprisonment and four months of imprisonment and a fine of 1.5 million won at the Changwon District Court for a violation of the Punishment of Violences, etc. Act (joint assault) at the Changwon District Court on September 13, 2018 and completed the execution of the sentence at the Changwon Prison on October 30, 2018.

【Criminal Facts】

1) On June 24, 2019, around 05:15, the Defendant 471 at the center of the Dong-dong, Busan, as a matter of calculating the drinking value of the horse, she spited the back of the victim, and spited the victim’s face. Furthermore, the Defendant spited the victim’s body as a matter of calculating the drinking value on the roads of the Dong-dong post office located in 471 at the center of Busan, Dong-dong, Busan, and caused the victim’s body. The Defendant spited the victim’s body. The Defendant 2ndd the victim’s body on the back of the 19-dong, Dong-dong, Busan, and caused the victim’s injury, such as brain sins, which requires medical treatment for about 21 days. (2) On June 24, 2019, around 05:15, the Defendant calculated the victim’s body as the center of the Dong-gu, Busan (25 years old).

B. As to the primary facts charged in the judgment of the court below, the court below held that ① according to the CCTV images of this case, the defendant faces the victim's face with his head.