The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the summary of the grounds for appeal (misunderstanding of facts), since the defendant can be recognized that he/she committed a assault jointly with C, a crime of violating the Punishment of Violences, etc. Act (joint assault) was established, the court below acquitted the defendant by misunderstanding the facts.

2. In a criminal trial, the finding of guilt should be based on evidence with probative value sufficient to mislead a judge that the facts charged are true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is suspicion of guilt against the defendant (Supreme Court Decision 92Do3327 delivered on March 23, 1993). Examining the reasoning of the judgment below in light of the relevant evidence and records, it is difficult to find the fact that the evidence submitted by the prosecutor alone, on the grounds stated in its reasoning, the fact that the defendant committed a assault jointly with C is difficult to acknowledge.

Therefore, the prosecutor's above assertion is without merit, since the measure of not guilty of the facts charged in this case is legitimate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.