The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged despite the fact that the Defendant received philophones as stated in the facts charged. The court below erred by misapprehending the facts.

2. The lower court determined that the evidence submitted by the prosecutor alone cannot be found guilty of the instant facts charged after comprehensively taking account of the evidence duly admitted and examined.

In light of the circumstances and circumstances of the judgment below, which was duly adopted and examined by the court below, and the fact that C cannot easily eliminate the possibility of having good appraisal against the defendant. Thus, the evidence submitted by the prosecutor alone cannot be readily concluded as guilty of the facts charged of this case. Thus, the judgment of the court below is justified.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.