The prosecutor's appeal is dismissed.

1. In light of the following: (a) the victim consistently states the fact of damage to the victim; and (b) the Defendant sent a text message to the effect that the victim resists the Defendant immediately after the occurrence of the case, and the Defendant seems to have a physical contact with the victim, the victim’s statement is credibility; and (c) accordingly, there is sufficient evidence to acknowledge the fact of assaulting and insulting the victim.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Determination

A. On September 21, 2018, the Defendant: (a) around 10:10 on September 21, 2018, at the front road located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant brought a lawsuit to return the lease deposit against the Defendant; (b) subsequently, the Defendant c was physically disturbed with the victim’s body with the hand floor during which several names are maintained; and (c) the Defendant “this two-years are replaced by this fraud, and the Defendant shall file a complaint against the Defendant in fraud.”

Accordingly, the Defendant assaulted the victim and openly insultingd the victim.

B. In light of the following facts and circumstances acknowledged by the records, the lower court rendered a not-guilty verdict on the ground that the victim’s statement alleged to correspond to the facts charged in the instant case is difficult to believe as it is.

1) According to the field CCTV images, the Defendant and the victim seem to have taken up about 10 seconds after drinking in the street. Although the Defendant and the victim are unable to accurately distinguish the vehicles parked in the street and the friendly acid cited by the Defendant and the victim, the physical movement of the Defendant and the victim does not seem to be rarely open, and the Defendant’s body as indicated in the facts charged does not seem to be disturbed. (2) However, at the time of the accusation, the victim stated that the Defendant and the victim continued to repeat more than 5 minutes on the floor at the time of filing the complaint.