Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

1. Summary of grounds for appeal;

A. Defendant B 1) misunderstanding of facts (the part concerning the crime of mistake) and Defendant B did not know his personal information to D, and the police officer E dispatched after receiving the 112 report. Thus, this part of the statement is not a false statement. Nevertheless, the judgment below which found Defendant B guilty of this part of the facts charged is erroneous in the misapprehension of facts. 2) The sentence of fine of KRW 3 million sentenced by the court below to Defendant B is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1) misunderstanding of facts (not guilty part) and the evidence submitted by the prosecutor, despite the fact that the Defendants appeared to act on G’s chest father, etc., and the police officers E and F sent out upon receiving 112 a report about the above acts of the witness E and F, they can sufficiently recognize the facts of perjury by making a false statement contrary to their memory. Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of facts. 2) The above sentence imposed by the court below on the Defendant B of unfair sentencing is too uneasible and unfair.

2. Determination

A. Judgment on Defendant B’s assertion of mistake of fact