The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the video files within (c) documentary evidence produced by the prosecutor as evidence (hereinafter “the video files of this case”) are admissible as evidence since they did not appear in a trace of artificial editing operations. However, the judgment of the court below that acquitted the defendant by denying the admissibility of the video files of this case, which found the defendant not guilty, is unlawful since the court below erred by misapprehending the legal principles or misunderstanding facts.

2. Determination

A. Of the evidence as to the facts charged of this case, the court below determined that the evidence submitted by the prosecutor alone is insufficient to prove the facts charged of this case, on the ground that: (a) in the case of documentary evidence (c) among the evidence as to the facts charged of this case, it is insufficient to recognize that the original copy was made by copying the contents of the original copy without any artificial adaptation, such as compilations, in the process of making it a copy of the original copy made at the time of the Defendant’s act; and (b) in the case of the written statement and the damaged matters, each statement of M are uniformly made in the same form and content as to a similar case; (c) it is highly low probative value as evidence to prove the Defendant’s specific act; and (d) the witness N andO’s statement was made by the police officer who made a copy of the CD or printed out a photograph of the original copy taken by a police officer after making it a copy of the photograph or printing it out of the closed photograph.

B. Taking account of the following circumstances revealed by the records of this case, the video of this case cannot be deemed to have been attested as a copy of the original without any artificial adaptation, such as editing in the duplication process, as it was reproduced from the original recorded in the field situation at the time.

1. The instant images are as follows.