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The prosecutor's appeal is dismissed.
Reasons
1. According to the statements of the victims and CCTV images, etc. of the grounds for appeal, it is sufficiently recognized that Defendant B committed an assault against the victims in the same manner as indicated in the facts charged, on the ground that Defendant B did not assault the victims jointly with Defendant A, the lower court found Defendant B not guilty of the charges of violating the Punishment of Violence, etc. Act (joint assault) against the Defendants. Thus, the lower court erred by misapprehending the facts.
2. Considering the evidence duly adopted and examined by the court below in light of the records of this case, since the act of Defendant B recorded in CCTV appears to be the fighting of Defendant A and victims, it is just for the court below to have acquitted Defendant B of the facts charged in this case that Defendant B committed joint assault against the victims, and there is no illegality of misconception of facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.