For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged constituted a case where there is no proof of crime regarding the violation of the Trademark Act.

The judgment below

Even if examining the reasoning in light of the record, the lower court did not err by misapprehending the rules of evidence.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reason in the petition of appeal and does not state the reason for appeal.

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