The prosecutor's appeal is dismissed.

When considering the following circumstances, the summary of the grounds for appeal (misunderstanding of facts and misunderstanding of sentencing), the Defendant’s testimony stated in this part of the facts charged (hereinafter “instant testimony”) is false contrary to memory.

Nevertheless, the lower court acquitted the Defendant on this part of the charges.

The testimony of this case is the answer of Nos. 2 below.

After the testimony of this case, the prosecutor made a supplementary statement as follows and the defendant respondeded (Evidence No. 145-146 of the evidence record). The witness’s question and answer 1 prosecutor’s question to F is that he will talk with F, “I am hyd, 30 am hyd, hyd, hyd, hyd:

In addition, it was said that the Defendant 1 was frightened by “the error.”

In other words, the witness is not required to make such remarks.

2. The defendant shall not be the defendant.

3 At the time of inspection, the witness was required to be the victim.

4 Whether the defendant is well-known

I became aware only of the stories.

The defendant's agreement is that the defendant agrees.

30 Doz. Doz. Doz.

Recognizing that “the fact” is recognized.

In addition, the above 3 questions by the prosecutor, and the defendant testified as the above 4.

The defendant's agreement is that the defendant agrees.

30 Doz. Doz. Doz.

The testimony of the instant case No. 2 was made to the effect that the said remarks were not made even though the words “F” had been made to F.

The punishment of the court below (4 months of imprisonment, 1 year of suspended execution) is too uncomfortable and unfair.

The lower court’s judgment on the assertion of mistake of facts on the following grounds: (a) the testimony of the instant case is false testimony contrary to memory; or (b) the Defendant has a criminal intent to make a false statement;

It is difficult to see

The decision was determined.

The prosecutor's question is a complex content, and the defendant does not divide the question and make a detailed statement according to it, but does not simply do so as above.

3.4

Therefore, it is difficult to view this as having made a false statement.

The main purpose of this part of the prosecutor's inquiry is the defendant.