위증
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (misunderstanding of the facts) can be acknowledged that the defendant made a false testimony against his memory as to the important facts as stated in the facts charged.
2. Although there is no new objective reason to affect the formation of a documentary evidence in the course of the trial, when the appellate court intends to re-examine the first instance judgment after re-evaluation of the first instance judgment, there is a reasonable ground to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of facts was significantly unfair due to the violation of logical and empirical rules, etc. In addition, the appellate court should not reverse without any such exceptional circumstance the judgment on the establishment of facts in the first instance judgment without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). No objective reason exists that may affect the formation of a documentary evidence in the first instance trial based on the foregoing legal doctrine, and it does not seem that maintaining the judgment of the lower court is remarkably unfair when comparing the evidence duly examined by the lower court with the content of the lower judgment.
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.