The prosecutor's appeal is dismissed.

1. According to the statements of the victim D and the statements of witness E in investigation agency, etc., the court below found the defendant not guilty of the facts charged of this case, unlike this, has erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On April 8, 2014, at around 11:40, the Defendant: (a) committed assault from the victim D (the age of 60) on the front side of the Fdong of the C building in Namyang-si; (b) and (c) assaulted the victim by flabing fages of the victim.

B. The judgment of the court below and the court below 1 held that "D, from the police to the court of the court below, i.e., the defendant fatd himself in the fat, and she did not assault at all the defendant. However, although D, from the police to the court of the court below, he made a statement that he did not assault the defendant at all, it is different from the facts charged in this case from the process, place, and contents of fating the defendant's fat, and ② D, from the police after her fatd himself, her fatd himself, followed the defendant's fat upon her fating, and followed the defendant's body at the police, but it is not consistent in the court of the court below's decision because it did not make any statement about the above additional violence, and ③ D was issued and confirmed a summary order due to the fact that the defendant injured the defendant at the time of this case, according to the witness E's testimony and photograph, D's statement that he made it difficult for the defendant's fat."