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The judgment of the court below is reversed.
Punishments against the Defendants shall be prescribed by each fine of KRW 2,00,000.
The defendants are the defendants.
Reasons
1. Summary and ex officio determination of the grounds for appeal by a prosecutor;
A. The summary of the grounds of appeal in this case includes not only the contents that the Defendants appeared, but also the fact that the Defendants appeared in the field of the case, although they did not witness the scene of dispute between F and G.
According to the evidence submitted by the prosecutor, although the defendants could be found to have testified against the memory of the witness at the site of this case, the court below acquitted the defendants with the purport that they did not have any perjury by misunderstanding the facts.
If the lower court did not determine whether the Defendants were false and false to have observed the facts, the lower court erred by misapprehending the legal doctrine or by misapprehending the facts, thereby failing to determine the facts charged on this part.
B. Before determining the grounds for appeal by the prosecutor ex officio, the Prosecutor applied for amendments to Bill of Indictment containing an ancillary charge as stated in the facts charged, while maintaining the previous facts charged as the primary facts charged at this court, and this Court permitted this and thereby changed the subject of the trial. Therefore, the judgment of the court below cannot be maintained.
However, there are such reasons for ex officio reversal.
Even if the above misapprehension of the legal principles or the argument of mistake of facts about the primary facts is still subject to the judgment of this court, it will be examined.
2. Judgment on the primary facts charged
A. The summary of this part of the facts charged is the main part of the Defendants, and the Defendants did not witness a fighting, such as the failure to front the E-real estate located in Gangdong-gu Seoul Metropolitan Government D on July 19, 2010, and the f and G were at the same time at the time, and there was no fighting.