The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently have filed a false accusation against C as stated in the facts charged, and found the defendant not guilty of the facts charged in this case. The court below erred by misunderstanding the facts and 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.

(2) In light of the above legal principles and records, the court below's determination of not guilty of the facts charged of this case is just, and even if the prosecutor's all evidence proves that the defendant was not guilty of the facts charged of this case is insufficient, since the prosecutor's above evidence is insufficient to prove the facts charged of this case, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.