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The prosecutor's appeal is dismissed.
Reasons
1. Although the public performance of the grounds for appeal is recognized, the court below cannot recognize it.
Since it was judged not guilty, there is an error of mistake in fact.
2. The lower court also asserted the same as the lower court, and the lower court determined that “The facts charged in the instant case was the victim’s statement, and it was unclear as to who was at the time of the victim’s statement, among the residents in the community center, was the Defendant’s remarks, and that many people could hear in light of the structure and situation of the site of the instant case.
It is difficult to conclude that the prosecutor’s assertion was not accepted on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that many and unspecified persons have heard the Defendant’s remarks.
We affirm the judgment of the court below by comparing it with records.
Therefore, prosecutor's argument is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.