The prosecutor's appeal is dismissed.

Summary of Reasons for appeal

A. 1) Fact-finding 1) The statements of the victim and the victim-friendly E are specific and consistent with the fact that the defendant had no physical contact with the victim first at the investigative agency.

After making a statement, knee of the victim was kneeed in the last place.

The statement has been changed, and the defendant has been sent to the victim.

In light of the fact that “the text message was sent,” the lower court found the Defendant not guilty on the ground that the facts charged were sufficiently recognized. In so doing, the lower court erred by misapprehending the legal doctrine.

2) In light of the consistent statement of the victim as to the insult inside the main point, and the CCTV images, which are the basis of innocence at the court below, are taken only the main place and the main place of the air transporter and the main place of the air transporter, so it cannot be ruled out that the defendant might have expressed a desire to the victim. The judgment of the court below which acquitted the defendant of the facts, even if the facts charged are fully recognized, is erroneous in the misapprehension of the facts.

B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 700,000) is too unhued and unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below as to the mistake of fact, the evidence submitted by the prosecutor alone sufficient to prove this part of the facts charged to the extent that there is no reasonable doubt.

It is difficult to see

We affirm the judgment of the court below as legitimate.

B. The following circumstances in the decision of the court below, namely, ① the defendant was kneeee of the victim, different from the initial statement in the investigative agency.

“A statement made to the effect that the statement was made”

However, this is not sufficient to serve as the basis for conviction due to a change in the statement made on the part that is not essential in this case, and ② on June 10, 2019, the Defendant was able to breadly drink the victim under the influence of alcohol.

crime is transmitted.

“The fact that the message was sent” is recognized, but this is.