The prosecutor's appeal is dismissed.

In full view of the evidence submitted by the prosecutor, the court below acquitted the defendant on the ground that the evidence submitted by the prosecutor was insufficient to prove the facts charged. The court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

However, there are the E’s statement and closed-circuit television (CCTV) images as evidence that seems to correspond to the facts charged in this case.

First, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the E’s statements in the police and the court below are insufficient to recognize the facts charged of this case.

① At the police station, E stated, “I spited to the right shoulder of the Defendant at least four times by flashing the Defendant’s width and oars with water.” As such, as we were waiting for why the Defendant would be unsatured, I spited on the face and sat down one another at the close of the face.” (Evidence No. 16 of the Evidence Record) In the court of the court below, I stated, “I sat down the witness’s face and sat down it on the hand.” (Evidence No. 16 of the Evidence Record) at the court of the court below, “I have a fact that the Defendant sat down the witness’s face and sat down it on the hand.”

(No. 37 of the trial record). However, in light of the fact that E states in the police that “I see that “I am under the influence of I am under the direction of I am under the direction of I am under the direction of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I am under the command of I