The prosecutor's appeal is dismissed.

1. The gist of the prosecutor's appeal is that the defendant could fully recognize the fact that the defendant committed assault against the victim by taking the victim's hand by taking the victim's hand, but the court below acquitted the defendant, which is erroneous in the misapprehension of facts.

2. Determination

A. On July 14, 2017, the summary of the facts charged in the instant case: (a) around 23:20 on July 14, 2017, the Defendant resisted from the elevator front corridor located in Busan Shipping Daegu B, 103 Dong 9, the victim C (the age of 35) residing in the side house (the age of 35) of the Defendant’s moving out the elevator door on which the Defendant was on board, and committed assault by her hand by putting the victim’s hand on his/her hand while continuing to have a dispute.

B. In full view of the following circumstances, the lower court determined that the instant facts charged were proven without any reasonable doubt.

The court rendered a judgment of innocence on the ground that it cannot be seen.

Of the evidence submitted by the prosecutor, the victim's statement made by the investigative agency and the victim's fingers recorded by the victim's fingers (Evidence No. 13) are admissible as evidence consistent with the facts charged of this case. ① The victim's statement is not consistent with the objective evidence [i.e., the victim's photograph (Evidence No. 12 pages of the evidence record) taken by the victim by asking the victim's arms and fingers and fingers of the victim and the diagnosis of the victim's injury (Evidence No. 32 pages of the evidence record)] and its credibility is very low. ② The victim's photograph taken by the victim's fingers is insufficient to acknowledge the facts charged of this case and there is no other evidence to acknowledge this otherwise [i.e.,,, from the investigative agency to this court, the victim's fingers of the defendant and the victim's fingers of the victim, and the victim's statement was consistently divided into the victim's portraits and the victim's portraits of the victim's fingers.]