The prosecutor's appeal is dismissed.

1. Determination on the prosecutor's assertion of mistake of facts

A. According to the evidence submitted by the alleged prosecutor, the lower court acquitted the Defendant on the ground that the facts charged were found guilty.

B. In a case where there is no new objective reason to affect the formation of a conviction in the appellate court’s trial process, and there is no clear error in the determination of the first instance court’s evidence, or there is no reasonable ground to deem that the argument leading to the acknowledgement of facts is considerably unfair because it is contrary to logical and empirical rules, etc., the judgment on the recognition of facts in the first instance shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). A prosecutor who submitted an inquiry into the status of interview with prisoners by new evidence to the court, but only submitted an inquiry into the status of interview with the Defendant under detention of I, etc. as a direct evidence, without any direct evidence supporting the facts charged in the instant case, and there is no other objective reason that may affect the formation of a conviction in the trial process in this court.

In addition, there is no reasonable circumstance to deem that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules because the court below's reasoning for the judgment clearly erred in the examination of evidence or the argument leading to the acknowledgement of facts is against logical and empirical rules.

The lower court was justifiable to have acquitted this part of the facts charged.

The prosecutor's assertion is not accepted.

2. The appeal by the prosecutor of conclusion is dismissed on the ground of appeal.