The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (not guilty - misunderstanding of facts) is reliable in the victim F’s consistent statement, and the facts charged as to the Defendants’ violation of the Punishment of Violences, etc. Act (joint assault) are fully found guilty.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The lower court found the Defendants not guilty of the facts charged regarding the Defendants’ violation of the Punishment of Violences, etc. Act (joint assault) on the sole basis of the direct investigation of the recorded materials at the time.

However, examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone sufficient to prove that this part of the facts charged is beyond reasonable doubt.

shall not be deemed to exist.

Therefore, the lower judgment that acquitted the Defendant of this part of the facts charged does not err by misapprehending the facts as alleged by the public prosecutor.

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