The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendants on the grounds of rejecting the credibility of each of the above statements on the grounds of special reasons, despite the victim F’s statement immediately after the occurrence of the instant case and the consistent statement from the investigative agency of the victim G.

B. The decision of the court below that rejected the motion of the prosecutor for change of indictment for a preliminary crime of violation of the Punishment of Violences, etc. Act (joint assault) is unlawful.

2. Determination

A. As to the facts charged in the instant case, the lower court determined that it is difficult to recognize the facts charged in the instant case where: (a) the witness F, G, and H assaulted the victim F in the lower court’s court court court court court’s determination on the mistake of facts in light of the following: (b) the victim G and H’s testimony are relatively detailed and consistent with the witness H’s testimony as to who assaulted the victim G; (c) however, the evidence submitted by the public prosecutor alone was insufficient to recognize the facts charged in the instant case where the Defendant A assaults the victim F and the Defendant B assaults the victim G.

Examining the evidence duly adopted and examined by the court below in comparison with its reasoning, the court below’s determination that there is a lack of evidence to prove the facts charged against the Defendants for the above reasons is just and acceptable.

In addition, the following circumstances acknowledged by the above evidence, i.e., ① the victim G made a statement from the investigative agency to the court of the court below to Defendant B’s assaulted himself, but the first half of the testimony was made by himself/herself in the underground stairs, and the defendant was flaged by flaging the face in his/her hands, while the middle half of the testimony was flaged, the victim B was flaged by flaging the head of the victim F.