The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is the situation in which the victim E cannot be present in the public decision due to the uncertainty of present whereabouts, so if it is proved that the police statement of the victim was made under particularly reliable circumstances as stipulated in Article 314 of the Criminal Procedure Act, the above statement protocol may be used as evidence. According to the witness G's testimony in the court below, it can be recognized that the victim made a statement in a free atmosphere when he is investigated by the police, and the above police statement protocol can be used as evidence of guilt, but the court below did not adopt the above police statement protocol as evidence by denying the admissibility of evidence of the police statement in the above police statement as evidence, and found the defendant not guilty on the grounds that there is no other evidence to prove the facts charged. The court below erred by

2. Determination

A. The court below determined that there is no evidence that there was a victim E’s statement, written statement, and police statement in response to the facts charged in this case, and these evidence did not consent to the defendant as evidence, and that there was no evidence that there was no evidence that the defendant was genuine by the E’s legal statement, and that there was no evidence that the statement or preparation was made under particularly reliable circumstances, and that there was no evidence that the portion of the statement or preparation was made under the circumstances, among the statements made by the witness G in the court below, there was no evidence that the statement made by the person E was made under particularly reliable circumstances, and that there was no evidence that the statement made by the person who made the original statement was made under particularly reliable circumstances, and that there was no evidence that can otherwise be admitted.

B. We examine the case, G, upon the request of the victim, even if the defendant sits in the place to discuss the issue of the agreement between the victim and the victim, and on behalf of the victim, the amount of KRW 5 million is about 5 million.