The prosecutor's appeal is dismissed.

1. Although it is reasonable to view that the crime of violation of the Punishment of Violences, etc. Act (joint injury) was proven to the extent that there is no reasonable doubt due to the victim's statement, etc., the judgment of the court below which acquitted the above crime is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The lower court, based on the detailed circumstances stated in the item “non-criminal part” of the judgment, found that Defendant B, solely on the evidence submitted by the prosecutor, was proven to the extent that there is no reasonable doubt about the victim’s neck and the fact at the time of her creaming.

On the ground that it is difficult to see this part of the facts charged, the lower court acquitted the Defendant.

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.