The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby making a mistake of finding the Defendant not guilty.

2. Judgment on the grounds for appeal

A. The lower court determined that the instant facts charged was proven beyond a reasonable doubt on the ground that the evidence presented by the prosecutor was based on the following circumstances admitted by the evidence adopted by the lower court.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

1) As the Defendant denies the facts charged in the instant case when the lower court acknowledged the facts charged, the confessions made by the Defendant (second-time suspect interrogation protocol by the police) to the purport of recognizing the facts charged in the instant case is inadmissible as evidence.

2) It is doubtful that the credibility of a confession made by the defendant at the prosecution is doubtful solely on the ground that the confession made by the defendant is different from the legal statement.

However, in the following circumstances, the defendant cannot be said to be the first police, i.e., (i) the defendant was led to the prosecution by changing his attitude while denying his crime, and (ii) the defendant was detained on the ground that he sold a phiphone medication and a phiphone to I. (iii) At the time, the defendant was thought to have been designated as I and D as I's upper line by I and D. However, according to the fact-finding about the Ulsan mountain detention center, I and D were actually discussed in order to make the situation favorable to him by using the defendant. (iii) In such circumstances, the response of the phiphone training was caused by the phiphone training, and the defendant was found to have been led to the confession by his own mind, in view of the fact that the confession made by the prosecutor is credibility.

It is difficult to see it.

3) At the lower court’s court, D did not make logical and consistent statements; D reported the instant case to the police around October 5, 2016; and Ulsan detention center.