The prosecutor's appeal is dismissed.

1. The judgment of the court below which judged that the defendant did not have intention to injure the summary of the grounds for appeal is erroneous in mistake of facts.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was acquitted of the facts charged in this case on the ground that it is difficult to readily conclude that the evidence alone, based on the judgment of the court below, was the intentional injury to the victim at the time of the instant case, is just and it does not seem that there was an error of mistake of facts as alleged by

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.