The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal is only the defendant made a testimony by making his best to memory one year after he experienced alcohol.

Even if parts are contrary to facts, there is no intention of perjury.

2. Determination

A. The summary of the facts charged in the instant case is written in the indictment from the court of law No. 322 of the Incheon District Court located in Nam-dong, Incheon, Nam-gu, Incheon, to the above court No. 2014 High Court No. 2024, “2013 High Court No. 2024, Aug. 21, 2014, which seems to be a clerical error.

C, D에 대한 폭력행위등처벌에관한법률위반(공동상해) 사건의 증인으로 출석하여 선서한 다음, “E과 F한테 발로 밟혀서 바닥에 누워 있었나요”라는 변호인의 질문에 “2명이 아니라 더 있었습니다”라고 대답하고, “그때 있었던 사람이 F과 E 외에 더 있었나요”라는 변호사의 질문에 “예”라고 대답하고, “그때 G이나 H이도 그 화장실에 있었나요”라는 변호사의 질문에 “예, 걔네들도 있었습니다”라고 대답하고, “일방적으로 맞고 있었지요”라는 변호사의 질문에 “예. 여러 명이서 두 사람을 계속 밟았습니다”라고 대답하였다.

However, in fact, F, E’s daily activities, G, and H had never been in the toilet change column at the time when the Defendant was in the toilet change, H was only in the above toilet to F, E, and C, and not in the absence of C, while G did not have been in the toilet.

Ultimately, the Defendant made a false statement contrary to his memory as above, and raised perjury.

B. The judgment of the court below in regard to the facts charged in this case, the court below held that the defendant's protocol of interrogation of suspect, protocol of interrogation of prosecutor's office against the defendant, copy of protocol of examination of witness against the defendant (part of the second protocol of trial), copy of protocol of examination of witness against the defendant (part of the third protocol of trial) (section 84 of investigation record), and third protocol of examination of witness against F.