The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor on the gist of the grounds for appeal, the lower court acquitted the Defendant of the facts charged, even though the Defendant could acknowledge the fact of assaulting and injuring the victim.

2. Examining the evidence duly adopted and examined by the court below in light of the circumstances such as the fact that the victim was unable to completely associate with the overall situation and made a statement when the victim was under the influence of alcohol, and that it was difficult to easily believe the victim's statement, the court below's judgment on not guilty of the facts charged is sufficiently acceptable, and there is an error of law by misunderstanding the facts alleged by the prosecutor or misunderstanding the legal principles.

subsection (b) of this section.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.

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.