폭력행위등처벌에관한법률위반(공동폭행)
The prosecutor's appeal is dismissed.
The gist of the prosecutor's grounds for appeal is that the court below acquitted Defendant E, C, D, and H on the ground that there is insufficient evidence to acknowledge this part of the facts charged, and thus, it erred in the misapprehension of the legal principles as above.
In light of the above, the court below found the defendant not guilty of this part of the facts charged while explaining the grounds for judgment in detail. The evidence alone submitted by the prosecutor cannot be deemed as proved to the extent that this part of the facts charged is beyond a reasonable doubt. Thus, the court below's judgment that acquitted the defendant of this part of the facts charged does not err in the misapprehension of facts, as alleged
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.