The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding) is as follows: (a) C’s statement that corresponds to the facts charged in the instant case, namely, “the Defendant introduced and arranged for the sale of marijuana to sell it to C and D intending to purchase marijuana,” was consistent and consistent with objective materials, and (b) the lower court acquitted the Defendant on the grounds that it was impossible to believe that the statement was made.

2. In light of the fact that the criminal appellate court has the nature as an ex post facto trial and the fact that the appellate court directly observed the appearance and attitude of the witness in the process of witness examination as to the witness supporting the facts charged, even though the appellate court judged that the credibility of the witness's statement cannot be acknowledged, if the appellate court reverses it and decides that the credibility of the witness's statement can be acknowledged, it should be said that the first instance court's judgment rejecting the credibility of the statement can be acceptable, and that there is a sufficient and satisfactory circumstance to understand it.

(See) Examining the evidence duly admitted and examined by the lower court in light of such legal doctrine, the lower court’s determination that “A’s statement that conforms to the facts charged cannot be deemed as evidence that has the probative value beyond a reasonable doubt, and the evidence submitted by the prosecutor alone is insufficient to recognize such evidence” is justifiable (However, unlike the lower judgment’s five pages 2 and four, each of the Defendant and “A” is a clerical error between the Defendant and C”) and the circumstances based on which the lower court’s determination was based, and contrary to such legal doctrine, it does not reveal sufficient and adequate circumstances to recognize the credibility of C’s statement by following the lower court’s determination at the trial.

3. Conclusion, the Prosecutor’s appeal is filed in accordance with Article 364(4) of the Criminal Procedure Act.