Whether the facts charged or criminal facts are identical or not should be determined by taking into account the normative elements of the defendant's act and the social factual relationship based on the legal function of the identity of the facts.

(see, e.g., Supreme Court Decisions 98Do749, Aug. 21, 1998; 93Do2080, Mar. 22, 1994). The lower court determined that the summary order, which became final and conclusive as to the crime of injury, constitutes the facts charged in this case, and reversed the first instance judgment and acquitted the facts charged in this case.

The judgment below

Examining the reasoning in light of the aforementioned legal doctrine and the record, the lower court did not err by misapprehending the legal doctrine on res judicata of a final and conclusive judgment, contrary to what is alleged in

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