The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (misunderstanding of the facts) can be acknowledged that the Defendant intentionally assaulted the victim by spreading water.

2. The judgment of the court below 1) stated that the victim stated that "the defendant spreads water towards himself and continued to spread without stopping despite why the victim is why."

However, according to the CCTV images recorded in the current situation, it is confirmed that the surface of the water emitted by the Defendant toward the side of the victim during the course of cleaning the water by a heading, but the victim cannot see any reaction even after the water is in contact with the water, and it is only confirmed that the victim seems to resist and resist the Defendant.

In addition, on the rooftop of one defendant's house, it is sufficient that the defendant who has a wall has not been aware of the victim's existence.

As the prosecutor bears the burden of proof, the crime of assault is established if the defendant, who cleaned the water, spreads the water to the victim despite the victim's resistance. However, as seen earlier in this case, it is not confirmed that the water is roots after the victim's resistance, and there is a possibility that the defendant could not regard the victim in the house structure of the defendant in this case, so it is difficult to recognize the defendant's intention.

2) Such determination by the lower court as above is justifiable even if it was examined in the first instance trial, and thus, the Prosecutor’s assertion of mistake in the facts is rejected.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.