The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, although the defendant could sufficiently prove the perjury by making a false statement contrary to his/her memory, the court below acquitted the defendant. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On August 19, 2015, the Defendant was present at the court of Suwon District Court No. 211 located in Suwon-si, Suwon-si, Suwon-si, as a witness of the Defendant in the above court of 2015 High Court and 1368 High Court No. 1368, and became aware of the facts charged.

The defendant's defense counsel's "I see the situation directly."

The question "I have shown CCTV last time."

The answer to "," and the continued defense counsel confirmed the whole of the circumstances that the witness ends from the beginning with respect to which there is a trial expense for the defendant and any male.

The question “ was asked before the present situation”.

“The answer and testimony was made.”

However, in fact, the defendant only viewed CCTV that was taken by the field situation B by editing it, but did not have any fact from the beginning.

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

B. The lower court’s judgment: (a) since perjury is established by a witness who has taken an oath under an Act to make a statement contrary to his/her memory, the statement is not consistent with objective facts.

Even if the witness's testimony is contrary to his memory, it cannot be determined that it is a perjury before examining whether it is against his memory, and whether the witness's testimony is a false statement contrary to his memory or not shall not be the simple Section of the testimony, but shall be judged by understanding the whole of the testimony during the examination procedure as a whole, and the recognition of guilt in a criminal trial shall be a judge.