The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor by mistake of facts or misapprehension of legal principles, the court below acquitted the defendant on this part of the facts charged, although it could be recognized that the defendant inflicted injury upon the victim's injury due to the injury as stated in the facts charged in the judgment of the court below, by misunderstanding of facts or misapprehending of legal principles

Punishments (two million won of fine) imposed by the court below on the defendant in an unreasonable sentencing are too uneasible and unfair.

Judgment

The lower court found the Defendant not guilty of this part of the facts charged while explaining the grounds for determination of mistake or misapprehension of legal principles in detail.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone submitted by the prosecutor cannot be deemed as proved beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts as alleged by the prosecutor in the judgment below that acquitted the public prosecutor of this part of the facts charged.

Therefore, prosecutor's assertion is without merit.

It is recognized that the defendant has been punished nine times for violence crimes.

However, the degree of injury suffered by the victim is not relatively more severe, and the defendant was wraped with the victim at the time of the instant case, and was injured by the beer disease from the victim, and the defendant agreed to the investigative agency only with the victim.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.