위증
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant of the facts charged in this case even though the summary of the grounds for appeal (the fact-finding) recognized the perjury, is erroneous in the misconception of facts.
2. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that it was difficult to recognize the Defendant’s testimony as a perjury.
Comprehensively taking account of the circumstances in the reasoning of the court below acknowledged by the evidence, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.