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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is recognized as a forged fact in light of the contents and form of the letter of payment in this case.
The judgment of the court below which acquitted the defendant of the facts charged of this case on the ground of not guilty is contradictory, and the record of telephone conversations between the defendant and the victim is also deemed to have been submitted only to the part favorable to the defendant. Thus, the judgment of the court below which acquitted the defendant of this case on
2. The following circumstances acknowledged by evidence duly admitted and investigated by the court below in detail at the court below's decision, i.e., (i) the accusation or the police prepared a letter of payment with the same content as paragraph (1) of the letter of payment in this case and made a statement to the effect that they teared (the investigation record 8-9 pages, 40 pages), and the content or form of the statement alone was forged.
In full view of the facts that it is difficult to readily conclude, ② the most flexible evidence to prove the facts charged of this case is the statement of the J. The statement of the Defendant is somewhat lacking consistency in the content of the payment letter or the circumstances leading up to the destruction of it, etc., and the evidence submitted by the Prosecutor alone, based on the following facts: (a) the evidence submitted by the Prosecutor alone, which does not coincide with the statement of the fact confirmation or the statement of the recording of conversation between the Defendant and the J, was forged.
The judgment of the court below is just and there is no other evidence to acknowledge it, and there is no error in the misapprehension of the facts alleged by the prosecutor.
Therefore, prosecutor's assertion is not accepted.
3. In 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 without merit.