The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is examined as evidence submitted by the prosecutor. Thus, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The court below found the defendant not guilty on the ground that "The defendant, according to evidence, was found to have prevented or prevented A from committing an attack that enables co-defendant A and D to commit, and that the defendant contacted A's family members at the subsequent site to take care of the victim and got him/her to take care of the victim. In the process of speaking his/her body fighting between A and B, the defendant seems to have been tightly d in order to kill them, and the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant committed a assault jointly with A and B."

B. In addition to the reasoning of the judgment of the court below as above, D also stated that "I have been subject to unilaterally assault against A and B (the defendant, the defendant, and the B) rather than having performed a fighting, it was true that I had done so by drinking alcohol," the above judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts 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.