The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

A. A. A (the husband of Defendant A and the husband of Defendant B at the time of the instant case) who was sentenced to imprisonment for life by the Chinese judicial authority for the murdering of the victim of C’s credibility of the statement, was transferred to confinement facilities in Korea (the punishment of Defendant A at the time of the instant case) among the prison prisons of the Chinese judicial authority (the punishment of Defendant B), stating that “A, prior to the instant case, had heard the fact that the address and the entrance of the victim’s apartment house from Defendant A and sought the victim. After that, during the fighting with the victim, Defendant B followed the victim and the victim came to knife, and abandoned the body of Defendant B after the commission of the crime. Defendant A appears to have taken the place of murder, and only 30,000 Chinese currency at the scene immediately after the murder was made.”

The statements of this C are as follows: ① C was sentenced to life imprisonment for the purpose of committing the instant crime in China and its sentence becomes final and conclusive; ② there is no reason to make a false statement unfavorable to the Defendants in this case; ② at the time of undergoing the investigation in China, the Defendants made a statement more detailed than when the investigation in Korea was conducted in relation to the part of the Defendants’ participation; ③ In the course of the investigation in China, the victim’s knife statement was stated as Defendant B, not the principal, and the part of the statement was reversed; however, it is sufficiently understandable as one behavior to be taken to the maximum extent possible in the event of being mixed with the investigation and trial in China; ④ even if C made a statement that is difficult to understand by himself, it is difficult to conclude that there is an obstacle to C’s intellectual ability and mental ability even if it is made, it is difficult to conclude that C’s intellectual ability and mental ability is hindered.

Nevertheless, the lower court determined that C’s statement was not reliable.

B. Further to the above C’s statement surrounding the instant case.