The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (the factual error), the defendant sufficiently recognized the facts of assaulting B by hand in the process of disputing B.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant assaulted the victim’s arms and shoulder in hand on the ground that the victim B (the age of 32) was at his own time, on the grounds that the Defendant was able to give the drama lessons together with B and Daegu Offices; and (b) the Defendant committed several assaults.

B. The court below found the Defendant not guilty of the facts charged in this case on the ground that there are evidence consistent with the facts charged in this case, and there are statements in B and in the court below, C and D, but it is difficult to conclude that the Defendant committed several assaults on the basis that the following circumstances are comprehensively taken into account.

① In the lower court’s body, the Defendant and himself fighting the Defendant and himself fighting so that E, C, and D were separated from each other, and the Defendant and himself re-afforested between the lag and the lag, and at that time the Defendant was pushed down with their shoulder and arms.

On the other hand, B argued that the investigative agency carried the defendant's head before he gets the head of the defendant's head, and that the defendant was sealed by hand.

2. On the other hand, the witness C stated in the court below that the defendant did not see B, unlike the written statement, and that B prepared a written statement upon request by B.

D also stated in the body of the court below that the defendant did not see B, although the body of the court below showed that the defendant did not see B.

D, B, and E are removed from the Defendant and they were removed from the Defendant, and if the Defendant was sealed several times, the said witness could not be seen.