The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the part of the defendant, although it can be recognized that the defendant was injured by the victim at the time of the instant case in light of all the evidence, such as the fact-finding and misunderstanding of legal principles, credibility in the statement of the victim or witness, and the certificate of injury diagnosis, etc.

2. Determination

A. On the following grounds, the lower court rendered a judgment that it is difficult to view that the Defendant, as stated in the facts charged in the instant case, was not proven to the extent that there was no reasonable doubt that the Defendant, with the sole evidence submitted by the Prosecutor, was booming the breath of the victim’s breath and booming the victim’s face when drinking.

(1) The Defendant asserts that he did not assault the victim and that the victim alone sits down while talking with the victim. The written statement (No. 11 of the evidence list) prepared by the Defendant that he assaulted the victim as stated in the facts charged did not recognize the authenticity of the statement in the court, and thus, the admissibility of evidence is inadmissible.

② 피해자는 이 법정에서 ‘합의서의 작성과 관련하여 피고인을 만난 사실은 기억나지만 피고인이 피해자의 멱살을 잡아 밀쳐 넘어지거나 주먹으로 얼굴을 때렸다는 부분에 대하여는 잘 기억이 나지 않는다. 목격자인 E이 주먹으로 때렸다고 전해 들었다’고 진술하다가, ‘피고인이 뒤에서 낚아챘다. 주먹으로 뒤통수를 맞았다’는 취지로 진술하여, 이 사건 공소사실에 기재된 폭행의 태양 및 폭행의 부위와는 다소 차이가 있다.

③ A witness of the instant case is deemed to be a trial expense with respect to the preparation of a letter of agreement and a written application for no punishment of the Defendant’s other assault cases, and the Defendant’s head is getting off the floor of the victim’s head.