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(영문) 창원지방법원 2018.10.31 2018노1971
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding of facts), the fact that the defendant intentionally committed perjury even though the defendant did not have requested D to provide any assistance, regardless of whether he/she was supported or supported or not by the budget compilation method.

2. Determination

A. The lower court found the Defendant not guilty of the instant facts charged while sufficiently explaining the grounds for its determination.

B. Examining the evidence duly adopted and examined by the lower court and the first instance court in light of the record, the evidence produced by the prosecutor alone was proven to the extent that there is no reasonable doubt as to the instant facts charged.

Therefore, the judgment of the court below that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts as alleged by the public prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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