위증
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (the factual errors and misapprehension of legal principles), K and L’s statements, etc. submitted by the prosecutor, the Defendant’s testimony as stated in the facts charged is not deemed to be a false statement contrary to memory, but cannot be deemed to be somewhat exaggerated or merely a statement of opinion in light of the content of the statement. However, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby acquitted the Defendant of
2. The lower court acquitted the Defendant of the instant facts charged on the grounds that it is difficult to readily conclude that the Defendant’s testimony, such as the facts charged, is a false statement contrary to his/her memory, while explaining the grounds for the determination
Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err by misapprehending the legal principles or misconception of facts, as alleged by the prosecutor, against the same purport.
3. Therefore, 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.