The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal of this case’s fire site photographs and police officers D’s testimony, it is recognized that the fire of this case occurred due to the negligence of the defendant, and D’s testimony contains a statement made by the defendant in the process of a fire situation, not the suspect’s status, but the defendant’s above statement made by the defendant under particularly reliable circumstances. As such, D’s testimony is admissible as evidence.

Nevertheless, the court below rejected the admissibility of evidence of D's testimony and sentenced the defendant not guilty. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. The court below, as evidence consistent with the facts charged in the instant case, testified that D, at the time of the on-site inspection of the fire site of this case, the police officer told D, who was aware of the fire site of this case, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

Since there is no evidence to see D’s above testimony, D’s testimony is inadmissible, and otherwise, it was acquitted of the Defendant on the ground that there is no evidence to acknowledge the facts charged in this case.

B. The statement at the trial date of a person, other than the defendant, whose contents are the defendant's statement, may be admitted as evidence only when it is proved that the statement was made under " particularly reliable circumstances" pursuant to Article 316 (1) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2008Do6013, May 14, 2009).