The prosecutor's appeal is dismissed.

1. According to the summary evidence of the grounds for appeal, the judgment of the court below which acquitted the defendant, even though it can be recognized that the defendant committed the same crime as the facts charged for special injury, is erroneous in mistake or misapprehension of legal principles.

2. In a judgment of conviction in a criminal trial, the conviction should be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true, and if there is no such evidence, even if there is a suspicion of guilt against the defendant, the conviction should be determined as the benefit of the defendant and sentenced to innocence.

In light of the above legal principles, the court below rendered a not guilty verdict on the facts charged of special assault in detail while explaining the grounds for such judgment. In light of the records, the evidence submitted by the prosecutor alone is insufficient to recognize that this part of the facts charged is proven to the extent that there is no reasonable doubt.

Therefore, the judgment of the court below that acquitted the defendant is just, and it is judged that there is no error of mistake or misunderstanding of legal principles 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.