The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have operated the game of this case, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected

Judgment

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below:

Article 312(3) of the Criminal Procedure Act applies not only to the case where an investigative agency other than a public prosecutor's interrogation protocol of the accused, prepared by the investigative agency other than the public prosecutor, as evidence of guilt, but also to the case where the interrogation protocol of the accused or the accused prepared by the investigative agency other than the public prosecutor, as evidence of guilt, is adopted as evidence of guilt against the accused. The interrogation protocol of the investigative agency, other than the public prosecutor, prepared by the suspect who has co-offender relation with the accused, is acknowledged by the suspect's court statement, the admissibility of evidence is denied if the accused denies the contents of the protocol on the trial date (see, e.g., Supreme Court en banc Decision 2003Do7185, Jul. 15, 2004). In this case, as long as the accused denies the contents of each police interrogation protocol of the accused as co-offender in the court below, each police officer's interrogation protocol of the accused cannot be admitted as evidence of guilt, since it is not admissible

On the other hand, in the court of the court below, D made an interview with the person who referred to as the president. At the time when the game site in this case was controlled, D stated that "at the time when the game site in this case was controlled, it changed the police officer's name and resident registration number to the president, and the police officer at that time confirmed the name and resident registration number of the president." However, at that time, at that time, the person