The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the facts charged that the defendant was able to find out booms and plastics flagsing the victim's face, and assault the victim, the court below erred by misapprehending the legal principles and finding facts against the defendant.

2. As stated in its holding, the lower court acquitted the victim of the instant facts charged on the ground that the victim’s statements in the investigative agency and the court of the lower court, consistent with the facts charged of the instant case, are not consistent, and in light of the distance between the Defendant and the victim, the booms, the location where the victim was finally left away, and the witness E’s testimony at the court below, it is difficult to believe

Comprehensively taking account of the circumstances found by the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of mistake of facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

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.