위증
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor, including the summary of the grounds for appeal E, K’s statement and confirmation document prepared by G, it is recognized that the Defendant and D jointly conspired with E. Thus, it is recognized that the Defendant took an oath against D in this court case 2012Ra18, as a witness, and made a false testimony to the effect that the Defendant and D did not interfere with E. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The lower court determined that the Defendant was acquitted of the facts charged in the instant case on the grounds stated in its reasoning.
In light of the records and relevant legal principles, a thorough examination of the evidence of this case is consistent with the judgment of the court below that the evidence submitted by the prosecutor alone is insufficient to acknowledge the guilty guilty of the facts charged of this case, and the above conclusion does not change even when adding up the statements of witnesses E and Q in the trial court. Thus, as pointed out by the prosecutor, the judgment of the court below is not erroneous in the misapprehension of facts and affecting the conclusion of the judgment.
Therefore, prosecutor's assertion is without merit.
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.