For the reasons indicated in its reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant on the charge of attacking among the facts charged in the instant case on the ground that there is no proof of crime.

The judgment below

In light of the records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles as to the crime of attack.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the notice of appeal does not state the grounds for appeal, and there is no statement of the grounds for appeal.

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