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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine as to Article 314 of the Criminal Procedure Act, on the ground that the testimony was admissible in accordance with Article 314 of the former Criminal Procedure Act, on the ground that it constitutes a case in which it is impossible to make a statement due to a cause similar to the unknown whereabouts of Article 314 of the former Criminal Procedure Act, and that the J introduced G to the Defendant, and that even if both the two persons as the victim of the instant facts charged appear in the court, it is clear that G made a statement the same as the statement in the investigative agency even if they were present in the court, and thus, it is proved that the statement was made in a particularly reliable state.
B. According to the evidence submitted by the prosecutor claiming mistake of facts, even if all of the facts charged in this case can be found guilty, the court below erred by misapprehending the facts of this case.
2. Determination
A. A. Around August 11, 2012, the summary of the facts charged in the instant case. Around August 201, 2012, the Defendant introduced G to F, an actual operator of the said establishment, with the knowledge that the Defendant was in a place where sexual intercourse is conducted in the “D” telecom located in Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-si, and that female sexual intercourse is conducted. Accordingly, the Defendant introduced a job for the purpose of having a job employed in a job where sexual intercourse is conducted. 2) Around February 28, 2013, the Defendant filed a false report on G with the Dong Police Station located in the Yeongdeungpo-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, to have a criminal punishment imposed on G.
The content of the report is that “G has stolen a gas bag equivalent to KRW 600,000,000 in the market price from the domicile of a reporter who reported in H around 17:00 on June 2, 2012, and thus punished.”
However, the defendant on June 2012.