The prosecutor's appeal is dismissed.

1. In full view of the summary of the grounds for appeal (the fact-finding) 112 Declarations and D’s written statements, the judgment of the court below which acquitted the Defendant even if the facts charged in the instant case are recognized, has erred by mistake of facts

2. The court below found the defendant not guilty on the ground that the D's statement is inadmissible, and that the E's statement alone is insufficient to recognize the facts charged in the instant case. In light of the evidence duly adopted and examined by the court below and the records of this case, the judgment below is just and acceptable, and there is no error of mistake of facts alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.