The appeal by the prosecutor is dismissed.

According to the summary of the grounds for appeal submitted by the prosecutor, the court below found the defendant not guilty on the ground that the defendant spits or spits the victim's face once as stated in the facts charged.

Judgment

The court below found the defendant not guilty on the ground that it is insufficient to recognize the fact that the defendant spits or spits the victim's face in light of the following facts: (a) the victim and the F Statements consistent with the facts charged in the instant case are not consistent and the contents of the statement are embodied in time; and (b) the witness G statement to the effect that "the defendant showed that he spits from the victim only spits it against the victim; and (c) the defendant's spits or spits it against the victim at the time."

Examining the reasoning of the lower judgment by closely comparing the reasoning of the lower judgment with the record, the lower court’s aforementioned determination is just, and it is not recognized that the prosecutor erred by mistake of facts as alleged in the grounds of appeal.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.