The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the statements of the victim and witness correspond to the main part of the case, and thus, the evidence submitted by the prosecutor, including the statements of the victim and witness, are sufficiently recognized, the credibility of the statements of the victim and witness on the grounds that there are differences in detailed statements, and the statements of some witnesses are insufficient to recognize the facts charged of the case.

In light of the facts charged, the lower court acquitted the Defendant on the charges of this case.

2. Determination

A. The summary of the facts charged in the instant case was about 04:00 on January 18, 2020, the Defendant: (a) set a protest against the “Ding shop” operated by the victim C (the age of 63) located in Gangdong-gu Seoul Metropolitan Government; (b) on the day when he was under the influence of alcohol, and (c) caused the victim’s her husband to be fladd with her husband.

Accordingly, the defendant assaulted the victim.

B. Determination 1) The lower court, based on various circumstances as indicated in its reasoning, proved that each of the statements of the witness C and E of the lower court was not reliable, and that the evidence submitted by F and other prosecutor alone alone proves that the Defendant assaulted C to stick to a stick to the extent that there is no reasonable doubt.

On the ground that it is difficult to see it, the lower court acquitted the instant charges.

2) In light of the content of the first instance judgment and the evidence examined by the first instance court, the first instance judgment on the credibility of the statement made by the witness in the first instance was clearly erroneous.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted by the time the appellate trial ends, the appellate court is against the credibility of the statement made by the witness of the first instance court.