우표소인말소
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is reasonable to deem that the Defendant, at the time of the investigation by the police, made a concrete statement of the background leading up to the crime and led to the confession of the crime, according to the police officer B’s statement by the Defendant who investigated the Defendant, it is difficult to view it as a false confession; the method of cancelling postage stamps can also be sufficiently possible; and the Defendant’s rejection of the crime, etc.
However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.
2. The lower court rendered a not-guilty verdict on the instant facts charged while sufficiently explaining the grounds for its determination.
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 did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of not guilty of the facts charged in this case.
Therefore, the prosecutor's argument of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.