The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and misapprehension of legal principles) is consistent with the victim's statement that "the defendant was faced with his/her face by his/her head," in light of the following: E's statement that "the defendant and the victim were fighting the body of the defendant and the victim, the victim was fighting the victim, the victim was satisfy, and E was satisfy, and E was distorted, and there is no reason to make the victim's statement unfavorable to the defendant; and the hospital could conceal the cause of the injury due to concerns over the burden of medical expenses.

Nevertheless, the judgment of the court below which acquitted the Defendant on the ground that the facts charged in this case constitute a case where there is no proof of crime, is erroneous by misapprehending the legal principles.

2. Determination

A. The court below held that evidence consistent with the facts charged in this case has the victim's investigative agency and each written diagnosis at the court of the court below. The victim's statement not only is consistent with the grounds and circumstances of the defendant at the time when the defendant was challenged, the method and form of assault by the defendant, the circumstances before and after the crime in this case, etc., but also is inconsistent with the reasons for the injury the victim stated at the hospital after the crime in this case. Since it is inconsistent with the E police and the statements at this court, it is difficult to believe it as it is, and there is no two medical checkups submitted by the defendant to the investigative agency. According to each fact-finding reply to the two hospitals of the court of the court of the court of the court of the original instance, the defendant made a statement to the effect that the defendant was faced with the ground of the injury, not by assault, but by "the victim suffered the injury caused by trees as a result of the harm" or "the victim was suffering from the ground by passing it."