위증
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, as a complaint of G, was aware of the fact that J, the representative director of the I Construction Co., Ltd. (hereinafter “I Construction”) executing the construction differently from the design drawing in relation to “the FF warehouse and the New Construction Co., Ltd.” (hereinafter “the instant construction”) and was performing the construction differently from the design drawing, the Defendant was present at the Incheon District Court High Court 2013 High Order 2860, 2860, as stated in the facts charged, and made a false statement contrary to his memory as a witness in the instant case.
In this regard, the J's statement is relatively consistent and clear from the investigative agency to the court, and it can be reliable.
In addition, related civil judgments (Seoul High Court 2014Na 54085) were constructed in accordance with the direction of the JH and the accused.
Recognizing the facts as “,” the lower court rejected the finding of facts in the said civil judgment without any determination.
In light of each of the above circumstances, the court below found the Defendant guilty of the facts charged, despite the fact that the Defendant appeared as a witness of the Incheon District Court 2013 High Court 2860 High Order 2860, as stated in the facts charged, and made a false statement contrary to memory, based on the evidence submitted by the prosecutor, it erred by omitting the judgment of the court below and by omitting the fact.
2. Determination
A. In full view of all the circumstances as indicated in the reasoning, which are acknowledged by the evidence submitted by the prosecutor, the lower court: (a) it is difficult to believe that the statements of J and N are consistent with the facts charged; and (b) the conversation between H and J, which are recorded in each recording, was proven without any room for an agreed deliberation.
It is difficult to see the facts charged, and on the grounds that there is no other evidence to acknowledge it, the court acquitted the Defendant on the charges.
B. The reasoning of the court below is based on the evidence duly adopted and examined by the court below and the court below.