위증
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, despite the fact that the defendant made a false statement contrary to his memory against his memory, which is erroneous in the misunderstanding of facts.
2. Determination
A. A. On September 12, 2018, the summary of the facts charged in the instant case: (a) around 16:20 on September 12, 2018, the Defendant appeared in the Gwangju District Court No. 102, the law of 7-12, Gwangju Dong-gu, as a witness of the assault case with respect to the above court No. 2018 high-level650 B, and (b) the B’s defense counsel asked that “C was sleep before and after the Defendant’s head, and the Defendant was not slick, but slick,” and asked that “I will not answer the question of whether the Defendant “I am slick,” “I am the victim’s head before and after his head,” and “I am asked the prosecutor’s question of whether I will see or have no head.”
However, in fact, B around 12:00 on April 30, 2018, around 12:00, the head of C was not even satched in D office, but the Defendant was satisfing C’s head by hand and was satisfing several times.
Accordingly, the defendant made a false statement contrary to his memory and raised perjury.
B. The phrase “a false statement” in perjury 1 refers to the fact that the objective fact is not a false fact, but a statement goes against memory, i.e., memory.