위증
The prosecutor's appeal is dismissed.
1. On October 22, 2008, the defendant appeared in Seoul Western District Court Decision 2008Kadan1031, and made a false statement contrary to his memory. The prosecutor, after the decision dismissing the motion for adjudication of this case became final and conclusive, found other important evidence to support the above crime and instituted the prosecution of this case, the court below dismissed the prosecution of this case on the ground that the newly submitted evidence does not constitute "other important evidence" under Article 262(4) of the Criminal Procedure Act, and the prosecution of this case is null and void in violation of the provisions of the Act. Thus, the court below erred by misapprehending facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2. In the latter part of Article 262(4) of the Criminal Procedure Act, the court below held that the case for which a decision to dismiss an application for adjudication has become final and conclusive shall not be prosecuted except where other important evidence has been discovered. In light of the legislative purport of the above provision, “other important evidence” stipulated in the above provision refers to “clear evidence to acknowledge a criminal defendant guilty of the suspected criminal defendant,” and specifically, the court which dismissed the application for adjudication has a significant question as to the legitimacy of the decision to dismiss the application as a result of its independent or organic combination with the evidence used as a basis for fact-finding and judgment, and thereby brings about a somewhat sacrifice of the legal stability of the suspect, even if it brings about a somewhat sacrifice of the suspect’s legal stability, it shall be determined on the basis of whether the prosecutor’s prosecution can be justified to the extent that it is sufficiently recognized that the need to proceed with criminal procedure is sufficient to protect the rights of the