The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal (misunderstanding of facts) is as follows: (a) the consistent statement from the investigation agency of E, which designated the person who committed the same act as the entries in the facts charged of this case as the defendant, to the original court, is highly reliable.

Nevertheless, the court below rejected the credibility of the E statement, which designated the defendant as the perpetrator, and acquitted the defendant, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

2. Determination:

A. The lower court’s judgment is sufficiently proven to the extent that there is no reasonable doubt that the Defendant committed the instant crime, only by the evidence submitted by the prosecutor, when comprehensively considering the following circumstances that can be acknowledged by the evidence duly adopted and investigated:

It is difficult to see that there is no other evidence to acknowledge it, and the defendant was acquitted.

1) In full view of the results of on-site inspection by the lower court, E’s legal statement in the lower court, and the Defendant’s investigative agency’s statement from the investigative agency to the lower court’s court’s trial, and the internal brightness inside the brying room of the instant water surface, etc., the lighting inside the above brying room, etc. is likely to have been made double, 2, and frying and fry ex officio of war.

2) From the investigation process to this court, “E” shows the offender’s face in the body and the Defendant consistently stated that it is clear that the offender was the offender. However, “E” has no choice but to take a attitude, such as ① the status of lighting in the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the person who committed the act, ② the low height of the body of the body of the body of the body

It is difficult to conclude that E goes out of the perpetrator, and the face of the perpetrator is also considered as a witness of the escape of E in the water surface while the perpetrator was going out of the water surface.