The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the background leading up to the occurrence of the instant injury from the investigative agency to the court of the court below, the circumstance leading up to the occurrence of the instant injury, the situation at the time, etc., and the credibility of the statement is sufficient, and the victim's injury diagnosis report, etc., the defendant and C jointly assaulted the victim, and the defendant should be convicted of the facts charged that the victim was injured by the victim's knee and knee, but the judgment of the court below which found the defendant guilty only for the injury caused by the assault, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too uneased and unreasonable.

2. Determination

A. In a criminal trial for determining the assertion of mistake of facts, the recognition of facts must be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or uncomfortable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense is inconsistent

(대법원 2011. 4. 28. 선고 2010도14487 판결 등 참조). 위와 같은 법리를 기초로 이 사건을 보건대, 원심이 적법하게 채택조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 공소사실 기재 폭행 외에도 피고인이 자신의 얼굴에 커피를 붓고 가슴 부위를 발로 찼다고 진술하나, 원심 증인 E는 피해자가 주장하는 피해 부분에 대하여는 사진촬영을 했고, 피해자로부터 피고인이 자신의 얼굴에 커피를 부었다

The statement that the defendant was an owner of his body or that the defendant was an owner of his body is hostile.