위증
The prosecutor's appeal is dismissed.
1. According to the evidence submitted in the gist of the grounds of appeal, it is sufficient to find the Defendant guilty of the charge of this case by making a false statement contrary to memory, but the court below erred by misapprehending the facts.
2. The lower court found the Defendant not guilty on the ground that it is insufficient to view that the evidence alone presented by the prosecutor alone proves that the Defendant made a statement contrary to his memory without any reasonable doubt that the Defendant made a statement contrary to his memory.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it does not seem that there was an error of law by misunderstanding facts and affecting the conclusion of the judgment.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.