The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time H, G, and I testified to the effect that he had observed the instant fighting match, which was not guilty, the Defendant and the victim were flicked at the same time, and the Defendant was flicked, and the Defendant was not in a state where he was flick.

In addition, the victim stated in the court of the court below that the fighting of this case was reasonable, and that the chest was attached to the house by entering the hole, and according to the fact-finding reply of the Juneng and the doctor's opinion, the victim's injury constitutes a degree that may interfere with daily life.

In full view of the above circumstances, the judgment of the court below which acquitted the defendant of the injury of this case even though it can be recognized that the defendant inflicted an injury on the victim, is erroneous in the misapprehension of facts, which affected the conclusion

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,00) is too uneased and unfair.

2. Determination:

A. On the grounds indicated in its reasoning, the lower court determined as to the assertion of mistake of facts, on the grounds indicated in its reasoning, that the victim was injured by the Defendant’s act.

It is difficult to readily conclude that the submitted evidence alone causes an injury to the injured person.

On the other hand, the defendant was acquitted.

The following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below, i.e., the victim caused the instant fighting disaster to the inside of the inside of the face and the chest.

However, in the case of Ansan, the injured party did not know whether or not he prices the testimony of the witness due to the mistake of the people, or whether or not he was the defendant in the court of original trial, and the witness who observed the fighting of this case did not see that the defendant was aware of the inside of the victim.