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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts) presented by the prosecutor, the court below erred by misapprehending the facts, even though it is sufficiently recognized that the defendant made the victim’s statement that “the victim was sworn, dead, and killed without sound.” However, the court below erred by misapprehending the legal principles.
2. Judgment on the grounds for appeal by the prosecutor
A. The lower court: (a) According to the recording file and the recording book recording the field situation at the time of the instant case, according to the Defendant’s statement in the facts charged in the instant case, the Defendant killed the victim.
Without any sound of this arbitr, the arbitr shall be killed.
“The part of the Defendant’s remarks is not recorded, but it is difficult to see that the Defendant made the above remarks in the flow of the conversation between the Defendant and the victim, and the Defendant did not have recorded the above remarks with the victim’s prompt voice. However, in light of the victim’s sexual intercourse, attitude toward the Defendant, etc., if the victim took the above intimidation remarks from the Defendant, if the victim appeared to have immediately responded to the above intimidation, then the victim appears to have immediately taken the action, and the statement of the victim, H, I, etc., which seems to be fit for the above facts charged, is hard to believe it as is, and there is no other evidence to support it, the Defendant acquitted the Defendant of the facts charged of the instant case on the ground that there is no other evidence to support it.
B. Examining the judgment of the court below closely by comparing it with the evidential materials, it is justifiable to make such judgment, and there is no error by mistake of facts as alleged by the prosecutor.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.