위증
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged of this case, but found the defendant not guilty of the charges of this case.
2. Determination
A. The lower court’s judgment is sufficiently proven to the extent that there is no reasonable doubt that the Defendant’s testimony of this case goes against the Defendant’s memory at the time of testimony by the sole evidence submitted by the prosecutor.
It is insufficient to view it, and there is no other evidence to acknowledge it, and the defendant was acquitted.
B. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's determination that the facts charged in this case constitute a case where there is no proof of criminal facts as stated in its holding is just and acceptable, and there is an error of law by mistake of facts as alleged by the prosecutor.
subsection (b) of this section.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.