The prosecutor's appeal is dismissed.

1. In light of the fact that the F’s statement that the Defendant was assaulted by the Defendant from the summary of the grounds for appeal is consistent, that the witness K did not impeachment the F’s statement only because it did not witness the entire case, and that the witness B was in a situation in which the Defendant and the lower court would have no choice but to harm the testimony favorable to each other, even though it was sufficiently recognized, the lower court acquitted the Defendant of this part of the facts charged, and therefore, there was an error of law by misunderstanding the facts in this part of the lower judgment.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the circumstances cited in the evidence and the grounds for appeal presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of this part of the facts charged is just and there is no error of law by mistake of facts, as alleged by the public prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, this part of the judgment of the court below is corrected ex officio as follows: (a) the part of the "in opposition against the victim B's assault" stated in the second criminal facts of the judgment of the court below is deemed to be "the victim B".