The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, the facts charged of this case can be acknowledged, where the defendant was charged with bodily injury by gathering a person who was dangerous to the victim, but the judgment of the court below not guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the public prosecutor of the facts charged of this case cannot be deemed as having erred by mistake of facts, as alleged by the public prosecutor.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.