The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant on the ground that the victim's statement in the summary of the grounds for appeal is reliable and consistent with the F's statement by the witness F of the court below.

2. In light of the following circumstances revealed through the records of this case in detail by the lower court’s determination, the lower court was justifiable to have rejected the credibility of the victim’s statement and to have determined that the remaining evidence alone was insufficient to recognize the facts charged.

① At the time of the occurrence of the instant case, there was a dispute between the Defendant’s family and the Defendant’s family, including the Defendant’s accusation of assaulting the Defendant’s set forth in the charge of assaulting the Defendant’s set aside, and the Defendant’s investigation was conducted by the police, but did not take measures such as making a report immediately without any objection.

② The victim was hospitalized at a hospital on January 1, 200 when considering how to treat the instant injury occurred on Sundays, which is a holiday.

However, according to the medical record, the victim was provided medical treatment only after November 2, 2016, which was three days after the date of the occurrence of the case.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.