The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the fact-finding defendant could be found to have inflicted an injury on the victim by driving the vehicle, and sufficient damage, the judgment of the court below which judged otherwise and sentenced the defendant not guilty, is erroneous in the misapprehension of facts.

B. The judgment of the court below that rejected the prosecutor's application for changes in indictment, which added the ancillary charge, even if the identity of the ancillary charge and the ancillary charge was recognized, which occurred at the same place as the crime of the above bodily injury, which is the primary charge of the misapprehension of the legal principles, and which resulted from a series of special assault, which does not differ at least one minute of time, is erroneous by misapprehending

2. We examine the determination on the assertion of mistake of facts. The facts charged of this case did not change the victim's right side of the driver's seat from the vehicle to the left side of the vehicle, and re-confise two times again the victim expectationd in the part of the driver's seat after the vehicle to prevent the vehicle from leaving behind. In addition to the circumstances stated by the court below, there is no difference between the victim's side of the vehicle and the vehicle's loading, etc., and there is no difference between the latter and the latter.

There is no dance in the loaded part of “or (Evidence No. 107 of the Evidence Record)” in order to prevent the rear of the vehicle.

In full view of the facts stated to the purport that the facts charged are insufficient to recognize only the evidence submitted by the prosecutor.

The judgment of the court below is just, and the prosecutor's assertion against this is without merit.

3. The modification of the indictment to determine the misapprehension of legal principles is permitted only to the extent recognized as identical to the facts charged. Thus, where there is an application for changes in indictment to the effect that the facts constituting an offense not recognized as identical to the facts charged are added as the facts charged, the court shall dismiss the relevant application (Article 298(1) of the Criminal Procedure Act).