The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant stated in the police that he assaulted F as a major soldier, and made a statement that he fightd by the prosecution and the court below that he had committed a crime. The police officer J and K's statement in the court below is admissible as evidence because he voluntarily heard the defendant's statement before entering the scene with the defendant's report and it is difficult to view that Article 316 (1) of the Criminal Procedure Act is directly applicable or that the statement was made under particularly reliable circumstances. However, the court below denied the admissibility of the defendant's police statement and the court's statement in the court below by J and K, and found the defendant guilty of the facts charged in this case on the ground that there is insufficient evidence. The court below erred by misapprehending the legal principles or violating the rules of evidence, which affected

2. We examine the reasoning of the judgment below in light of the records of this case. In light of the various circumstances acknowledged by the court below, there is not sufficient evidence alone submitted by the prosecutor that the defendant used F as stated in the facts charged of this case, and there is no other evidence to acknowledge it. Thus, the fact-finding and judgment of the court below which acquitted the defendant for this reason is just and it is not reasonable and there is no error of law that affected the conclusion of the judgment due to mistake of facts or violation of the rules of evidence as pointed out by the prosecutor of the court below.

3. If so, 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.