The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the Prosecutor as to the gist of the grounds for appeal, all of the facts charged in the instant case are proven.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous as affecting the conclusion of the judgment.

2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.

In light of the record, the evidence produced by the prosecutor alone proves that the facts charged in the instant case are beyond reasonable doubt.

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

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.