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The prosecutor's appeal is dismissed.

Reasons

1. According to the CD in which the Defendant recorded the conversation between the Defendant and I on January 17, 2011, and the record of the record thereof, the court below erred by misapprehending the fact that the Defendant acquitted the Defendant, even though he made a false statement to the effect that “I refused to take over the Ethical area of E, because I neglected it, and the JJ was recognized to have transferred it to I on January 17, 2011, because the Defendant’s statement to the effect that he denied such fact was contrary to memory.”