The prosecutor's appeal is dismissed.

1. Although the summary of the grounds for appeal is recognized as having inflicted an injury on the victim as shown in the facts charged, the lower court acquitted the Defendant, which erred by misapprehending the facts.

2. Determination:

A. On May 12, 2014, at around 18:50, the Defendant: (a) committed an assault against the victim C (here, 46 years of age) in the field around the 108-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 361 Hancheon apartment 108, and (b) set up against it; (c) opened the victim’s right chest with his/her hand and drinking; (d) opened the victim’s right chest on his/her drinking; (d) opened the victim’s right chest on his/her drinking; and (e) walking the victim’s right mouth, walking the victim’s right mouth, etc., thereby committing assaulting the victim for 21-day treatment.

B. The lower court determined that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) D, as a partner of C, stated that “A was unable to commit an assault against C”; (ii) witness E, who was witnessing the scene at the time, stated that “C was unable to commit an assault against C by leading the head debt of the Defendant; and (iii) during the dispute between C and C, he was leading C to C as a stairs; and (iv) during the process of leading C to the Defendant’s head, leading C as a stairs; and (v) at the time, C was able to acknowledge the facts charged by taking into account the following circumstances: (i) the Defendant was satisfying the head, leading the Defendant with his head, satisfy; and (ii) the Defendant was in need of three weeks’ injury by destroying the Defendant’s shoulder; and (ii) other evidence to acknowledge the facts charged after the instant crime, including the lack of evidence to acknowledge the facts charged by the lower court.

A defendant assaults and injures C.