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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, evidence, such as the victim E's statement and field photo (156 pages of investigation records), etc., there is sufficient evidence as to the facts charged of this case, but the judgment below which acquitted the defendant is erroneous in the misapprehension of legal principles and misconception of facts.
2. Determination
A. The summary of the facts charged in the instant case was assaulted by the Defendant, i.e., the victim E (the 65-year age), parking problems, and the use of toilets, on the ground that the Defendant had expressed a desire from the victim while she had a dispute over D frequency from around 15:00 to around 16:00 on May 20, 2012, on the ground that he was able to talk with the victim, and she was able to talk with the victim, and she was able to talk with the victim, and she was able to talk with the victim by her hand, and she was frighted with both arms of the victim.
B. The lower court determined based on the evidence duly adopted and examined, that the Defendant’s act constituted a justifiable act that does not violate social rules, as it does not fall under the elements of a crime because it does not fall under the exercise of tangible force as stated in the crime of assault, and it was a minor physical contact that occurred during a horse match with an appraisal.
In addition, the defendant's statement of E and G, which seems to be consistent with the fact that he/she carried a double arms of E with his/her hand and committed an act of wearing his/her chest, is inconsistent with the field conditions at the time when he/she can be informed through field photographs (the investigation record 156 pages), and it is difficult to believe it as it is in light of E's complaint and its revocation, and the defendant was acquitted.
C. Examining the above fact-finding and judgment of the court below in comparison with records, the court below's decision that found the Defendant not guilty of the facts charged of this case is acceptable, and it is so decided.