The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding and the misapprehension of legal principle) is that D’s statement made by the prosecution that conforms to the facts charged in this case is not sufficient to be used as evidence of guilt because it is difficult to believe the above statement as it is, despite credibility, and thus, it is erroneous in the misapprehension of legal principles and thereby adversely affecting the conclusion

2. Determination

A. The lower court acquitted the Defendant on the ground that the instant facts charged constitute a case where there is no proof of a crime, in light of the following: (a) the testimony made by D as a witness; (b) the changes in the statement made by D to investigation agencies; and (c) the content of the investigation into the Defendant, which correspond to the facts charged in the instant case, are insufficient to use as evidence of guilt as evidence because it is difficult to believe that the statement made by D investigation agencies that

B. No special circumstance exists to deem that this court did not submit new evidence, and that the judgment of the court below was clearly erroneous, and even if the evidence duly examined and adopted by the court below is examined closely by comparing it with the records of this case, the above judgment of the court below is just.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion 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.