The prosecutor's appeal is dismissed.

1. The lower court found the Defendant not guilty on March 22, 2018 among the facts charged in the instant case, and dismissed the public prosecution regarding the charge of assaulting on March 22, 2018 and assaulting on July 18, 2018, which was related to the crime, and sentenced to a fine of KRW 4,00,000,00 by recognizing all of the charges guilty.

With respect to this, the prosecutor appealed on the ground of mistake of facts as to the injury of March 22, 2018, and appealed on the grounds of unfair sentencing. Of the judgment below, the dismissal of prosecution as to the assault committed on July 18, 2018 became final and conclusive separately from the limit of the appeal period.

Therefore, the scope of the judgment of the court is limited to the part of the judgment below, excluding the dismissal of prosecution as to the assault committed on July 18, 2018.

2. Summary of grounds for appeal: Error of mistake of facts and unreasonable sentencing;

A. Of the facts charged in the instant case, the lower court determined as follows: (a) on March 22, 2018, the part of the charge that the Defendant inflicted an injury on salt panion, etc. on the right 1 balance, which requires approximately two weeks medical treatment on the victim on March 22, 2018; and (b) the charge of injury on March 22, 2018.

(B) The evidence submitted by the prosecutor alone on the ground that it is insufficient to recognize that the victim suffered injury by the Defendant’s act was not guilty on the grounds of the judgment, and dismissed the prosecution as to the assault committed on March 22, 2018, which was related to the crime. However, in full view of the evidence submitted by the prosecutor, it is reasonable to view that the charges of assault committed on March 22, 2018 are also guilty on the charges of injury committed on March 22, 2018.

3. Determination

A. The lower court’s determination on the assertion of mistake of facts is insufficient to recognize the facts charged on March 22, 2018 only with the evidence submitted by the prosecutor, based on the circumstances stated in its reasoning, and otherwise, it is difficult to accept the facts charged.