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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant of this part of the facts charged, despite the fact that the defendant appeared as a witness and made a false statement in light of the prosecutor's summary of the grounds for appeal (as to the acquittal part of the grounds for appeal), the investigation process of the relevant injury case, the injury diagnosis document, and the opinion of opinion, etc., is erroneous
2. Determination
A. On November 8, 2012, the Defendant was present at the Busan District Court located in the Doodong-gu Busan District Court as a witness of the injury case at the Busan District Court 2012Da4825, 8278 (Joint) and testified.
The Defendant responded (1) to the Prosecutor’s question, “I asked that this case was accused of the police, and that I would go to the hospital before knowing this fact,” “I would like to answer the question,” “I would like to answer,” “I would like to answer at any time, I would like to answer to the Prosecutor’s question, “I would like to go to the Stockholm at any time,” and “I would like to go to the Stockholm on the part of I would like to go off.”
However, in fact, the date when the defendant found in the hospital was requested by the police to attend for the investigation of the defendant, and the defendant did not change the elbow part of the body so that the bones was protruding back due to the dispute with C.
Accordingly, the defendant made a false statement contrary to his memory and raised perjury.
B. (1) According to the evidence duly adopted and examined by the lower court regarding the facts of this part of the facts charged, the Defendant testified to the effect that he was treated at the hospital before the police was found, that the police was found and that the Defendant was issued a written diagnosis at the defect hospital that was found in the complaint, and that the Defendant was unable to memory any date on which the police was found in his house in the police and the prosecutor’s investigation, and that the Defendant was treated before the police was found.