The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to assault or intimidation and carrying a deadly weapon in a special rape.

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.