For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the instant facts charged.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by misapprehending the legal doctrine on “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act, contrary to what is alleged in the grounds of appeal.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.