The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence, such as the consistent statement of the victim and the written diagnosis of injury, etc., the gist of the facts charged in the instant case is recognized as having inflicted an injury on the victim (defensor). 2. The court below determined that the evidence submitted by the prosecutor, such as the victim’s testimony, etc., after examining the victim as a witness, is insufficient to deem that the facts charged in the instant case was proven to the extent that there is no reasonable doubt.

According to the evidence duly admitted and examined by the court below, it can be acknowledged that the victim was found at around 00:45 on November 27, 2017 when he was living together with the defendant in the state of drinking alcohol, and the victim was found to have teared before the victim's house, and the victim was at the time when he was called up to the police officer before his house, but did not make a statement that the victim was forced to assault the defendant.

The victim stated to the effect that he had been aware that he had been assaulted by the Defendant on the following day, and that the voice of the victim, who said that he was “after and after the victim’s birth,” was the Defendant. However, in light of the above circumstances, it is insufficient to recognize that the statement of the victim’s statement and the statement of the injury diagnosis is sufficient to acknowledge that the Defendant had inflicted an injury on the victim, and there is no other evidence to acknowledge it.

There is no error of misconception of facts, such as the prosecutor's assertion in the original judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.