The prosecutor's appeal is dismissed.

1. In light of the testimony, etc. at the court below's court of appeal by the injured party E, it is recognized that the defendant committed an assault by 4-5 times on the left side of the injured party E.

However, the court below erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge to have a conviction that is beyond a reasonable doubt, to the extent that the facts charged are true. Therefore, if there is no such evidence, the doubt of guilt against the defendant should be disregarded.

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

(see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). Even if examining all the evidence duly adopted and examined by the lower court, direct evidence to acknowledge the fact that the Defendant was on the victim’s chest is due to the victim’s statement to investigation agency and the testimony in the court of the lower court is due.

However, as the court below properly explained, the victim's testimony and the statement made to the investigation agency are somewhat inconsistent, and the witness F who observed the scene at the time did not regard the defendant's breast part of the victim's breast part of the defendant's drinking at the court below and the victim testified to the purport that he saw the defendant's breast part of the defendant's chest, it is difficult to believe the victim's testimony, etc. and the remaining evidence submitted by the prosecutor alone are insufficient to recognize the facts charged of this case.

Therefore, the court below's decision of not guilty of the facts charged in this case is just and there is no error of misconception of facts as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.