The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal stated that the victim was assaulted by the defendant consistently from the investigative agency to the court below's decision, and it also conforms to K and D's statements at the scene where the defendant was in a situation where the victim was pushed down the victim at the time.

According to these statements, although the facts charged in this case were found guilty, the lower court rendered a not-guilty verdict of the Defendant, which in so determining, erred by misapprehending the legal principles.

2. Determination

A. The lower court found the Defendant not guilty on the ground that: (a) the video taken by the Defendant’s friendship E at the time of the Defendant’s friendship, only talks with the intent that the Defendant “time signal” would be the victim; (b) rather, it is not confirmed that the Defendant was sealed or knife the victim by shouldering the victim; and (c) at the time, the Defendant appears to have allowed the victim to take knife and knife the victim; (b) the victim’s statement is inconsistent with the circumstances identified in the above knife; (c) the victim’s statement is inconsistent with the circumstances identified in the above knife; and (d) the Defendant made a false statement to the effect that knife was not suitable for the victim’s knife; and (d) the Defendant did not specifically state his behavior at the time; and (e) there was no other evidence supporting the facts charged in the instant case.

B. In light of the content of the first instance judgment and the evidence duly examined by the first instance court, the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly erroneous, or there are special circumstances to deem that the first instance court’s determination was clearly erroneous, or until the date of the first instance’s examination