The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that E of the lower court made a consistent statement from the investigative agency to the lower court’s court, without any motive to make such a statement, and there was no motive to make a false statement, and at the hospital on the day following the day of the instant case, “I made a price at the bath by a third party.” The first stated in the investigative agency that “I made a statement that I would have made the victim come to the container,” and immediately after the victim went from the smoking room, I stated that “I made the victim come to the container,” and that there was an exaggeration as to the part suspected of being distorted, such as that the victim was injured during the victim’s statement, the lower court acquitted the Defendant of the facts charged.

2. Determination

A. The Defendant, on January 20, 2013, committed assault against the victim on the ground that the victim E (the age of 37) was demanded to return TV channels from the male scam or the scam room in Gangnam-si, Gangnam-si around 22:20 on January 20, 2013, on the ground that the victim’s E (the age of 37) was demanded to return the television channels without any other customer’s understanding, and the victim was able to take the victim into a smoking room at the right hand of the victim two times, with the victim’s ma on two or three occasions, and the macon cited by the victim was scambling.

나. 판단 원심은, ① 피해자는 원심 법정에서 “그 당시 통증이 느껴질 정도로 강하게 맞았고 목이 빨갛게 부어올랐다.”라고 진술하였으나, 피해자에 대한 진료기록부의 기재, F의 진술은 그와 다른 점, ② 피해자는 이 사건 발생일 이전에도 정형외과에서 치료를 받은 적이 있고, 사건 당일 다음날인 진료를 받고 처방을 받았으나 그로부터 4일이 지나서야 약을 조제 받은 점, ③ 피해자는 검찰에서 “흡연실에서 나온 이후에도 피고인이 자신을 따라 다니며 못 가게 하면서 욕을 하였다.”는 취지로 진술하였으나, F, I은 그와 달리 진술하는 점 등을...