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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the fact-finding) in the defendant's investigative agency's statement, the victim's statement, etc., the court below acquitted the defendant as to the facts charged of this case, although the defendant could have used assault against the victim as stated in the facts charged, and the court below erred by misunderstanding
2. On the grounds indicated in its reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that each of the statements by the Defendant and the victim alone is insufficient to recognize that the Defendant committed an assault against the victim as stated in the facts charged, and there is no other evidence to acknowledge it.
In full view of the circumstances in the reasoning of the court below acknowledged by the evidence duly admitted and investigated, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.