The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal from the investigative agency of the victim to the court below's specific and consistent statement from the victim's investigation agency to the court below, and witness D's statement corresponding thereto, the defendant can recognize the fact that the victim's chest was pushed down.

In addition, violence referred to in the crime of assault means the exercise of physical or mental pain on a person's body, which does not necessarily require any contact with the victim's body. The illegality should be determined by considering the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of the suffering inflicted on the victim, etc.

In light of the above legal principles, even though the Defendant had long been sold, the Defendant did not contact the victim’s body.

Even if this constitutes violence, it constitutes violence.

Therefore, the judgment of the court below which acquitted the defendant.

2. First of all, we examine the defendant's direct assaulting of the victim.

The lower court determined that it is difficult to believe that the victim’s statement appears to correspond to the facts charged in the instant case that the Defendant was pushed down with the victim’s chest, and that the remainder of the evidence submitted by the prosecutor alone cannot be deemed to have been proven without reasonable doubt.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable (Article 44 of the Criminal Procedure Act provides that even if the defendant observed the case in the nearest area with accompanying the victim, he only viewed the defendant as a part of protruding part of the defendant toward the victim, and that he did not know whether he was able to have a part of the victim's body or not.) and there is no error of mistake of fact, such as the prosecutor points out.

The following arms were extended to outside, but did not contact the victim's body;

We examine the argument that violence can be recognized even.

The defendant is an elevator.