Based on its stated reasoning, the lower court affirmed the first instance judgment that acquitted the Defendant on the charge of assaulting on April 27, 2015, on the ground that the violation of the Punishment of Violences, etc. Act (Habitual Injury) among the facts charged in the instant case constituted a case without proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to habitual injury in violation of the Punishment of Violences, etc. Act.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, there is no specific reason in the petition of appeal as to the guilty portion, 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.