The prosecutor's appeal is dismissed.

1. According to the evidence, etc. submitted by the prosecutor of the gist of the grounds for appeal, it can be recognized that the statement made by the defendant as stated in the facts charged of this case is false, and that the statement made by the defendant is prejudicial to the victim E by making such a statement while recognizing that the statement made by the defendant is false, and such act by the defendant does not constitute the grounds for excluding illegality under Article 310

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles.

2. In light of the records, a thorough examination of the evidence duly adopted and investigated by the court below is justified to determine the defendant not guilty of the facts charged in this case on the basis of the circumstances stated by the court below, and there is an error of law by misunderstanding the facts alleged by the prosecutor or by misunderstanding the legal principles.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.