The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant, even though the facts charged in this case can be recognized based on evidence, such as the statement of the victim of the grounds for appeal, is erroneous in misconception of facts.

2. Determination

A. The lower court determined that the instant facts charged constitute a case where there is no proof of crime, and thus, acquitted.

1) The evidence as shown in the facts charged of this case lies in the witness C’s legal statement and the investigative agency’s statement. C in this court, “I am only on the way to open money to the Defendant, and I am going to the district. I am going to go to the district. I am going to go to the district, because there is a road crossing on the street, so I am going to go to the road. Since there was a noise, we did not seem to have a way that you want to hear it. Since there was a noise, I am there was no way to think of it. I am to do so. I am to this way.” However, considering the following circumstances, C’s statement that I am to take care of the Defendant was difficult to believe, and there was insufficient evidence to acknowledge that there was no other evidence to acknowledge that there was a defect in the police, and there was no other evidence to acknowledge that there was a defect in money. I am to the contrary.

However, in this Court, C stated that, while first talking with the Defendant at first time, the Defendant, who caused the Defendant to pay his money, he paid his money to the Defendant, and that the Defendant was able to pay his money again, and that he did not pay his money to the district.

C As above, the defendant made an inconsistent statement on the time and circumstances when he was able to take a bath, and first he made the statement to the district.