The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the injury among the facts charged of this case, and found the defendant guilty of only the assault crime in the judgment of the court below which is related to the crime of this case.

In that sense, the prosecutor only appealed on the part of the aforementioned acquittal, and the prosecutor and the defendant did not appeal the part of the conviction. However, the part of the conviction in accordance with the indivisible principle of appeal was also remanded to the trial, but it was in fact exempted from the object of attack and defense between the parties and left from the object of trial. Thus, the trial as a party cannot be determined up to that part (see, e.g., Supreme Court Decision 2015Do18070, Feb. 18, 2016). Accordingly, the conclusion of the lower judgment on the part of the conviction should be followed, and it is not separately determined.

2. According to the consistent statement of the victim G and the statement of the diagnosis of injury in the summary of the grounds for appeal, the fact that the defendant inflicted an injury on the victim’s clothes can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground of the injury among the facts charged of this case is erroneous in the misapprehension of facts or legal principles.

3. Examining the evidence of this case in light of the records, a thorough examination of the records reveals that the court below is insufficient to prove this part of the charges on the ground that the victim's statement among the evidence supporting the fact that the defendant was injured by the victim is inconsistent with the objective facts and witness E's statement, and thus it is difficult for the court below to believe that the victim's statement is inconsistent with the objective facts and witness E's statement.

In light of the above, it is just and acceptable to judge not guilty of injury, and there is an error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of judgment

shall not be deemed to exist.

The prosecutor's assertion is without merit.

4. Thus, the prosecutor's appeal is without merit.