The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal D, etc., the lower court, which did not recognize the crime as stated in the facts charged, did not err in matters of mistake of facts.

2. The lower court determined that the instant facts charged are hard to be proven without reasonable doubt on the grounds that the Defendant’s defense counsel was reliable, and the evidence submitted by the Prosecutor on the grounds that the entire statement of D was insufficient in consistency.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it 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 ground that it is without merit.