The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged in this case’s assertion of mistake as to the part not guilty, the written statement prepared by the victim E is consistent with the main part of the facts charged that “the Defendant was the victim’s fright at the main point, and the Defendant abused the victim’s fright.” In full view of the circumstances at the time of the instant case and the testimony of the witness of the lower court by the witness of the lower court, the fact that the Defendant was the victim’s head is sufficiently recognized.

However, since the court below denied the admissibility of evidence of the written statement prepared by the victim and rejected the credibility of the relevant evidence without reasonable grounds and acquitted the facts charged, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence (one million won in penalty) against an unfair defendant in sentencing is deemed to be too unhued and unfair.

2. Determination:

A. The lower court, on the grounds stated in its reasoning, found that the victim’s statement concerning the facts charged was made under particularly reliable circumstances, based on the grounds indicated in its reasoning.

It cannot be admitted as evidence because it is difficult to recognize this part of the facts charged, and only the police officer's investigation report and the testimony of the J's original judgment alone proved this part of the facts charged without reasonable doubt.

On the ground that this part of the facts charged cannot be said to have been acquitted.

Comprehensively taking account of the circumstances found by the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.

B. The instant crime of determining the illegality of sentencing is intended to ensure a large number of safety by insulting the police officers who were dispatched to the police after receiving a report by the Defendant.