The prosecutor's appeal is dismissed.

1. 검사의 항소 이유의 요지( 사실 오인) 피고인이 이 사건 공소사실 기재와 같이 피해자 C의 다리를 걷어찼는 지에 대하여 고의로 발로 차 상해를 가하였다고

It is difficult to see

In light of C’s legal statement in the lower court, the lower court’s determination is acceptable.

However, the victim C was assaulted by the defendant's head from the investigative agency to the court of the court below.

In light of the consistent argument, the fact that the defendant assaultsd the face side of C with his head and inflicted the heat in the mouth can be sufficiently recognized.

Nevertheless, the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment by pronounced innocence on the whole facts charged of this case.

2. Determination

A. The prosecutor whose indictment was not guilty at the trial of the court below, shall maintain the existing facts charged as the primary facts charged, and applied for the amendment of a bill of indictment to add the facts charged with assault as follows. This court permitted this to add the facts charged to the judgment of the court below.

B. The lower court, based on its stated reasoning, rejected the credibility of C’s statement, and the evidence submitted by the prosecutor alone, thereby causing injury to C by intentionally kneeing C’s face face and kneeing C with its head.

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and there is no error as alleged in the grounds for appeal.

(c)

(1) The summary of the preliminary charges is the owner of D warehouse at Ansan, and the defendant is the tenant of the above warehouse.