The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the facts charged in the instant case are found guilty.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. The lower court determined that the instant facts charged constituted a case where there is no proof of crime on the grounds stated in its reasoning.

In light of the records, a thorough examination of the evidence of this case is consistent with the court below's judgment that found the defendant not guilty of the facts charged of this case based on such evidence judgment, and there is an error of law by misunderstanding the facts alleged by the prosecutor or by misunderstanding the legal principles which affected the conclusion

shall not be determined.

The prosecutor's assertion of mistake or misunderstanding of legal principles is without merit.

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. It is so decided as per Disposition.