The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) is cited by the prosecutor on the grounds of appeal on the grounds of misconception of facts and misunderstanding of the legal principle. The misapprehension of the legal principle is erroneous in the misapprehension of the legal principle and it can be deemed that the lower court

This is also judged together.

In full view of the various circumstances, the words such as the defendant's facts charged are not merely an exaggerated expression of the situation, but also it can be deemed that the statement of false facts was buried in D's position and argument, and there was an incomplete intention to indicate false facts to the defendant.

2. The prosecutor changed the indictment to the indictment at the trial of the party, and the facts charged are the primary facts charged, added "Article 307 (1) of the Criminal Act" to the Article 309 of the Criminal Act, and applied for the amendment of the indictment to add "patently pointing out facts against the victim" to the facts charged, and this court permitted this.

Therefore, although there is a change in the scope of adjudication, the prosecutor's ground of appeal is still subject to the judgment of the court, so the prosecutor's ground of appeal and ancillary facts are examined.

3. Examining the records in light of the determination of misunderstanding of the facts and misapprehension of the legal principles as to the primary facts charged, the evidence submitted by the prosecutor on the grounds of the reasons stated in detail from Nos. 2 to No. 6 in the judgment of the court below is not only a false statement that the Defendant’s mentioned contents are not consistent with the objective truth, but also a false statement.

It is difficult to see

The judgment of the court below is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as alleged by the prosecutor.

4. Judgment on the ancillary facts charged

A. It is adopted by the lower court and the first instance court.