The prosecutor's appeal is dismissed.

1. Although the court below found the defendant not guilty on the grounds that the victim's statement on the grounds of appeal (misunderstanding of facts) was sufficiently reliable, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.

Victim F is present at the police on the day of the instant case, and the Defendant is able to see the knife;

Bador Bador

Manmania Manmania

A statement was prepared to the effect that it would be called "I do not want to do so."

Since then, when the police investigation conducted the police investigation, the victim F told the defendant that "I do not want to see it?" as he left the knife and knife the knife.

was stated.

When investigating by the prosecution, the victim F told the Defendant that the Defendant knife knife knife knife knife knife knife knife knife knife knife

was stated.

Victim F was present at the lower court as a witness and the Defendant left knife his hand and knife his knife his knife toward the victim;

Bador Bador

“Is no death,” and “Is no death,”

was testified.

On the other hand, the victim E is present at the police on the day of the instant case, and the Defendant cannot kill the victim as knife the knife between the victims’ face.

Corresponding

Preparation a written statement stating that “,” etc. made the statement.

After the police investigation, the victim E indicates the knife between the victims at the close of the face, and "I nife the inside well."

The phrase “no death may be abandoned”

was stated.

Victim E, when investigating by the prosecution, indicates the knife to the victim, and “I nife to the knife well.”

The phrase “no death may be abandoned”

was stated.

Victims E.