The prosecutor's appeal is dismissed.

1. The lower court’s judgment dismissing the charge of assault among the facts charged in the instant case, acquitted the charge of special assault, and convicted the remainder of the facts charged, and appealed on the ground that only the prosecutor found the guilty portion on the ground of mistake of facts, and thus, dismissed the part of the prosecution that was not appealed by the Defendant and the Prosecutor became final and conclusive.

Therefore, the judgment of this court is limited to the remainder (the guilty part and the acquittal part) of the judgment below, excluding the dismissed part of the above indictment.

2. Summary of reasons for appeal;

A. Fact mistake - Special assault - According to the evidence submitted by the Prosecutor, the fact that the Defendant collected each item, which is a dangerous object, such as the facts charged, sufficient support can be given to the effect that the Defendant has reached knife a victim’s head by cutting off the victim’s head and having reached knife with a hack pipe, which is a dangerous object subsequent thereto.

Nevertheless, the court below sentenced the defendant not guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentencing and the sentence imposed by the lower court (eight million won in penalty) are too unfluent and unfair.

3. A thorough examination of the records of the judgment on the assertion of misunderstanding of facts; the court below's determination lacks credibility due to the lack of consistency in the victim's statement; and other evidence is based on the victim's statement, so long as the credibility of the victim's statement cannot be acknowledged, the above evidence value cannot be recognized; therefore, this part of the facts charged is just and just, since the court below's determination that this part of the facts charged constitutes a case where there is no proof of a crime, and thus, it is erroneous in the judgment below that affected the conclusion

It does not seem that it does not appear.

Therefore, the prosecutor's above assertion cannot be accepted.

4. Sentencing and consideration.