The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle), the court below found the defendant not guilty of the facts charged in this case, although the defendant could sufficiently recognize the fact that he did not know C. The court below erred by misapprehending the legal principles and thereby adversely affecting the conclusion of the judgment.

2. In the judgment criminal procedure, the evidence that there is a criminal fact must be presented by the prosecutor, and even if the indictment of the defendant is unreasonable and false, it cannot be disadvantageous to the defendant, and the proof of criminal fact should have a judge have a high probability to recognize it so that there is no reasonable doubt, and if there is no evidence to form a conviction to such a degree, there is a doubt of guilt against the defendant even if there is no evidence to establish it.

Even if there is no choice but to judge the interests of the defendant.

(1) The court below's decision on the credibility of the statement made by a witness in the court below shall not be deemed to have been clearly erroneous or, in light of the contents of the court below's decision and the evidence duly examined in the court below, the court below's decision on the credibility of the statement made by the witness in the court below shall not be deemed to be unfair, unless there are special circumstances to deem that the court below's decision on the credibility of the statement made by the witness in the court below is clearly erroneous or the court below's decision on the credibility of the statement made by the witness in the court below is clearly unfair, in light of the evidence examination results in the court below's decision and the evidence duly admitted by the court below, and the additional evidence examination results made by the time of the closing of arguments in the court below, unless there are exceptional cases where the court below's decision on the credibility of the statement made by the witness in the court below is different from the judgment of the court below.