The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the evidence submitted by the prosecutor, such as the victim's statement, diagnosis, and prescription, the judgment of the court below that acquitted this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too unjustifiable and unfair.

2. Determination

A. In a criminal case of a judgment on a mistake of facts, the prosecutor presents evidence that there is a criminal fact in the criminal case of a judgment on a mistake of facts, and even if the change of the defendant's lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant due to such reason. The proof of criminal facts must have a judge have a high probability to recognize high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction to the extent that there is no evidence to establish such a degree, the

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the aforementioned legal principles and records, the lower court’s determination on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) is justifiable, and the victim suffered injury on domestic affairs, on the ground that it is insufficient to recognize the fact that the victim suffered injury without reasonable doubt, based on the relevant evidence and records.

In light of the degree of shock, etc., the prosecutor's above assertion is without merit, since it is difficult to see that the defendant escaped with awareness of the injury.

B. The circumstances leading to the instant crime, means and results thereof, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and criminal records, etc. are indicated in the arguments.