The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (the factual error) can be found guilty of the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that found the defendant guilty of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone is insufficient to find the defendant guilty of the facts charged in this case, and that there is no other evidence to find this otherwise is just, and the court below did not submit new evidence corresponding to the facts charged in this case, so the court below's decision cannot be deemed to have erred by misunderstanding the facts as pointed out by the prosecutor

3. Conclusion, the Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless. It is so decided as per Disposition.