The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds of appeal (misunderstanding of facts) is that the Defendant testified to the effect that D was not sealed in the relevant criminal case because F was a verbal bending at the time of the instant case involving D’s bodily injury by assault against D (Seoul Daejeon District Court 2016 High Court Order 3546, hereinafter “relevant criminal case”), and that D was not sealed in the relevant criminal case.

In the relevant criminal case, “D and F did not have any physical contact.”

The statement stated “ is merely a reply to the purport that there was no physical contact before the second floor stairs” with the wrong understanding of the purport of questioning. The Defendant did not have any fact of perjury by making a statement contrary to memory.

2. On February 24, 2017, the Defendant was present at the court of Daejeon District Court No. 231, the Daejeon District Court (Seoul District Court No. 231) and took an oath as a witness of the case, and the facts did not witness whether D had pushed a F in front of the stairs of the second floor of the E church but did not witness the circumstances at the time of the completion, “D and F had no physical contact.”

F is the back of the congested one, which is beyond the stairs.

“The statement was made to the effect that it was “.”

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

3. Determination

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence stated in its judgment.

B. 1) When determining whether a witness’s testimony in perjury constitutes a false statement contrary to memory in the relevant legal doctrine, the whole of the testimony during the relevant interrogation procedure should be identified and judged as a whole, not as a biased part of the witness’s testimony, but as a whole.

Where the meaning of testimony is unclear or it can be understood in itself as a whole, the ordinary meaning and usage of the language, the context before and after the testimony in question was made, the purpose of the examination, the progress of the testimony made, and so forth.