The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as the victim’s statement with high credibility of fact-misunderstanding, the defendant can sufficiently recognize the fact that the defendant is light against the victim’s left side, as stated in the instant facts charged.

Nevertheless, the court below erred by misapprehending the facts.

B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 300,00) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court, based on the evidence duly adopted and examined, found the following circumstances, i.e., ① under the 112 Report Processing List prepared at the time of the instant case, that there was no trace that is against the victim.

(2) The above 112 Report Processing List is deemed to be "meat"

The report contains the contents of the report, and the victim said that the defendant was "compactly" on his left side.

The statement in the investigative agency, ③ The victim appears to be clearly aware of the fact that the CCTV is evidence. Since the crime of this case, the victim requested the perusal of CCTV, but the victim did not request the perusal of CCTV. In full view of the fact that the evidence submitted by the prosecutor alone was when the victim left her.

It is difficult to conclude that this part of the facts charged is acquitted on the grounds that there is no other evidence to acknowledge it.

B. The above determination by the court below is justifiable even if it was examined in the above trial, and thus, the prosecutor’s assertion of mistake is without merit.

3. In comparison with the judgment of the court below on the unfair argument of sentencing, there is no change in the conditions of sentencing at the trial, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing conditions as indicated in the instant argument are difficult to view.