The appeal is dismissed.

The appeal by a prosecutor shall be dismissed in the last part of the judgment of the court below.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the charge (excluding the part not guilty of the grounds of the first instance trial).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the existence and degree of and judgment standards for assault and threat to indecent act, the victim’s understanding and credibility of statement, admissibility of evidence, etc., without exhaust all necessary deliberation as shown in the grounds of appeal.

Therefore, the appeal shall be dismissed, and since it is apparent that there is an omission in the text of the judgment of the court below, it shall be corrected under Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices