The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty on the part of the defendant, despite the fact that the defendant caused the victim by stick.

2. The lower court determined that: (a) comprehensively taking into account the following factors: (i) the complainant made a consistent statement in the investigation stage and court as to the part adjacent to the Defendant and the subsequent actions; (ii) the photograph submitted by the complainant, which the complainant made from the Defendant, was taken 17 days after the date of the occurrence of the case, and thus falls short of credibility; and (iii) the police officer in charge of the investigation at the time stated that “if carried out a stick, it would be appropriate to make a hole on the one hand; and (iv) the Defendant unilaterally assaults the complainant in light of the age difference between the Defendant and the complainant and health conditions, etc., it is difficult to recognize the fact that the Defendant committed a assault against the complainant, solely on the basis of the evidence submitted by the prosecutor, is difficult to recognize the fact that the complainant was a stick.”

Examining these judgments of the court below closely by comparing them with records, the judgment of the court below is justified.

Therefore, prosecutor's assertion is not accepted.

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