무고
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal (misunderstanding of the legal doctrine) and the medical certificate submitted by the Defendant alone were in a state of mental and physical loss at the time of committing the crime.
Although it is impossible to conclude that the court below acquitted the defendant, it erred in the misapprehension of legal principles.
2. Determination
A. The issue of mental or physical disorder shall be determined by comprehensively taking into account all the materials recorded in the record and the statement and attitude of the defendant in the courtroom, and it is not necessarily necessary to conduct an appraisal of the existence of mental illness by a professional doctor (Supreme Court Decision 83Do1254 delivered on June 28, 1983). (b) The court below acquitted the defendant on the ground of the circumstances indicated in its reasoning. In full view of the records of this case and the statement and attitude of the defendant in the court of the first instance, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the legal principles as argued by the prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.