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(영문) 서울남부지방법원 2020.12.17 2020노1551

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is sufficient to recognize the defendant's intention of perjury in light of the defendant's defense counsel's inquiry and the defendant's answer made before and after the defendant's testimony, but the judgment of the court below which acquitted the defendant.

2. In light of the circumstances acknowledged by the evidence duly adopted and examined in the lower court, the lower court found the Defendant not guilty on the ground that the Defendant was erroneous in understanding the purpose of the examination or stated by mistake, and the evidence alone presented by the prosecutor alone is difficult to recognize that the Defendant made a false statement contrary to his/her memory.

Examining the above judgment of the court below closely after comparison with the records, the judgment of the court below is just, and there was no additional evidence to support the facts charged at the court below.

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

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.