The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal assaulted the E in his hand.

2. On November 4, 2016, the Defendant: (a) around 10:40 on November 4, 2016, the Defendant was a cleaning agent before the Songpa-gu Seoul Metropolitan Government D apartment 238 Dong Arara, which was considered E (57).

For the reason that he said that he was "I would make a recording", and he assaulted E with his title one time in his hand as "I will make a recording."

3. The lower court, on the first hand, determined that E was the Defendant’s timber.

In the event that he had gone through the course of his service;

not only changes in the contents of the statement on the method of violence, but also there was a physical contact to the extent of being issued a written diagnosis of injury.

In light of the fact that even though it was not seen in the situation, it is not enough to recognize that the evidence submitted by the prosecutor alone used by the defendant to commit assault and assault the E in his/her hand, and that F, a witness, consistently stated in the court of original instance that “the defendant showed the Handphone of E, but did not see the E.”

On the other hand, the defendant was acquitted.

Examining the evidence adopted and examined by the lower court, the lower court’s determination is justifiable and did not err by misapprehending the facts.

4. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.