The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant led to the instant crime under the assistance of counsel in the open court of the case subject to retrial; (b) the Defendant’s legal statement is arbitrative; and (c) the witness’s testimony made by the court of the original instance at the time of the instant case is “not memory for a long time”; and (d) the statement made by the witness at the time of the instant case subject to retrial in the investigative agency is admissible

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

2. Determination

A. The lower court’s judgment held that in order to find the Defendant guilty of the facts charged of this case, the Defendant’s statement was made in a state where not only a security unit investigation but also a prosecutor’s office without voluntariness, and it cannot be ruled out that the Defendant’s statement was made in a state where there is no voluntariness in the process of investigation, and that there is no doubt that the Defendant’s statement was led to the confession of the facts charged of this case under the circumstance where there was no voluntartarinessiness in the court of the case subject to review, and that ① the witness’s statement in an investigative agency is not directly supported by the facts charged of this case, or certain witnesses stated in the court of this case that “the statement is made as required by the voluntary solicitation or intimidation by the investigators of the security unit,” and ② the witness’s statement was made in a state where there was no aruntariness in the process of investigation, and even in addition to the evidence such as the investigation report, the evidence submitted by the prosecutor alone.