The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) of the facts charged in the instant case (C police statement, the prosecutorial record against C, and the prosecutorial telephone statement against C), all of which the Defendant consented in the process of examination of evidence, and there are specific and external circumstances that guarantee credibility and voluntariness in the contents of the statement made by C, etc. indicated in the foregoing evidence, and their credibility can also

In light of the above, comprehensively taking account of the evidence submitted by the prosecutor, the defendant's false statement can be sufficiently recognized as evidence.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the rules of evidence or by misapprehending the legal principles.

2. Determination

A. On December 8, 2017, the summary of the facts charged: (a) at the court of the Daegu District Court Branch Branch Branch of 181, which was the court of North Korea, at around 16:30, the Defendant testified to the following question: (a) after attending the court as a witness of the special injury case No. 2017 Godan1034, the above court and being notified of the right to refuse to testify; and (b) the prosecutor testified to the witness “I will not have any illness against the Defendant B, and I will have any illness against the witness”; and (c) later, the prosecutor’s “I asked the witness,” “I will not have any further answer any question about what I asked the witness,” and “I will not have any further answer any question about what I asked the witness.”