The prosecutor's appeal is dismissed.

1. Even if the statement of a witness directly heard the statement of the defendant by the summary of the grounds for appeal is consistent, the court below which accepted the defendant's counterclaim has erred by misunderstanding of facts.

2. The lower court determined that the Defendant’s statement was merely an expression of opinion, or that the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged after the lower court explained in detail the circumstances and facts admitted by the evidence of this case.

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.