The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) is erroneous in the misapprehension of facts and adversely affecting the conclusion of the judgment, in light of the following: (a) the victim made a clear statement at an investigative agency that he/she was the victim when he/she was the victim; and (b) the victim's legal statement at the court below was not reliable; and (c) it is difficult to believe that the victim's legal statement at the court below was not reliable

2. Determination

가. 공소사실의 요지 피고인은 2013. 7. 10. 04:10경 대구 수성구 B에 있는 C식당에서, 다른 테이블에서 술을 마시다 눈이 마주친 피해자 D(26세)의 일행들에게 ‘뭘 쳐다보냐’라며 시비를 걸어 피해자가 항의한다는 이유로, 우측 손바닥으로 피해자의 뒷머리를 1회 때리고, 뒷목 부위의 옷을 붙잡아 흔들고, 계속하여 식당 밖으로 나가 좌측 손으로 피해자의 멱살을 잡아 흔들어 피해자에게 약 2주간의 치료를 요하는 기타 명시된 두통증후군의 상해를 가한 것이다.

B. The judgment of the court below is based on the evidence consistent with the facts charged in this case, and the police statement of D and investigation report of D (victim's D's written diagnosis) can be used as evidence, and the police statement of D are hard to believe in light of the witness D, E and F's written statement in the second written protocol of the trial as follows, and the investigation report (victim D's written diagnosis) is evidence of the part that the defendant injured the two after the back of D's head, and there is no evidence to support the fact that the defendant injured the two after the back of D. As seen earlier, there is no evidence to support the fact that the defendant injured the two after the back of D, and in the situation of confusion with many people, it cannot be ruled out that there is a possibility that the defendant was wrong that the defendant was involved in the defendant's speech of D, and therefore, it is insufficient to recognize the facts charged in this case only through the above diagnosis.