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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the factual error) C’s relatively consistent statement, the result of appraisal by the National Institute of Scientific and Investigative Research on the Defendant’s oral evidence collecting evidence, and the fact that there is sufficient motive to deem that the Defendant submitted a false statement with respect to his or her character and false motive to commit a crime, etc., the Defendant may fully recognize the fact that the Defendant filed a false statement with respect to C.
Nevertheless, the lower court accepted the Defendant’s statement without credibility and rendered a not-guilty verdict on the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The lower court found the Defendant not guilty on the ground that the issue of the instant case was whether the Defendant reported the Defendant, even though he was not subjected to indecent act by compulsion and theft by compulsion from C, in light of the various circumstances as indicated in its reasoning, C’s statement cannot be believed as it is and rather, the content of the Defendant’s report is not false, and the evidence submitted by the Prosecutor alone is insufficient to recognize the facts charged of the instant case
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.