The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is at night. Since the instant stairs were immediately adjacent to the table table outside the main office, there was a duty of care to safely take off the surrounding areas and prevent damage to the surrounding people. However, the Defendant did not exercise due care while under the influence of alcohol, and thus, the instant accident occurred on the wind, which is caused by the test table, and thus, the crime of injury by negligence is established.

Nevertheless, the judgment of the court below which acquitted the defendant on a different premise is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination on the grounds for appeal

A. The lower court determined that: (a) the Defendant recognized the fact that the lower court, which was installed at the end of the stairs connected to the Seoul Gangnam-gu building, fell beyond the scope of the C main stream, which was installed at the end of the stairs, and became a stoves of the C main stream; and (b) was connected to the stoves in the same width, and the residents of the said building are passing through the said building; (c) inasmuch as the above stairs and C main stream are connected to the same width, if the Defendant carried on the stoves in the front of the said main line, it would cause considerable inconvenience to the passage by reducing half of the width; and (d) if he carries on the stoves, such as a stove, which would have a heavy food such as the stove, it is difficult to view that the Defendant was not guilty on the grounds that there is no obstacle to passage of the stoves. Therefore, it is difficult to deem the Defendant to be discharged from the duty of care in the civil law.