The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) according to the evidence submitted by the Prosecutor, there is no possibility that there is a criminal defendant other than the defendant, according to the final location of the defendant and G.

2. The lower court determined that the Defendant was acquitted on the ground that there is no reasonable doubt that the victim could not be mistaken for the Defendant as a criminal, and that the evidence alone submitted by the prosecutor alone is insufficient to deem that the Defendant committed the same crime as the stated in the facts charged, and that there is no other evidence to acknowledge it.

Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.

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