The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the fact-finding, the court below acquitted the defendant of special assault, despite the fact that the defendant had committed an assault against the victim while carrying dangerous objects by gathering the wall, which is a dangerous object, was sufficiently recognized. However, the court below erred in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service) is deemed to be too uneasy and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of facts: (a) stated in the investigative agency and the lower court that the victim M expressed to the effect that “I would have known who would have been sicked”; (b) L also stated in the lower court that “I would have been sicked to M; and (c) the Defendant considered Q B’s sicking from the investigative agency.”

The evidence submitted by the prosecutor alone, based on various circumstances as stated in its holding, stated to the effect that “B” stated to the effect that “where Q Q is examined by an investigative agency, it would be recognized that the Defendant was prone to the victim M.

For reasons of lack of recognition, innocence was pronounced.

Examining the above judgment of the court below closely in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and there is an error of law by misconception of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. The Defendant did not reflect his fault, and most of the victims of the injury and assault want to punish the Defendant.

This is an unfavorable circumstance to the defendant.

On the other hand, although the defendant has the same criminal history, all of them are punished by a fine. The victim L and the victim N does not want punishment against the defendant.

In addition, the circumstances and crimes of the instant crime.