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(영문) 대법원 2018.12.27 2018도14992
위증
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment that found the Defendant guilty on the facts charged of this case on the grounds that there was no proof of crime, and sentenced the Defendant not guilty.

In light of the relevant legal principles and records, the lower court did not err in its judgment by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the standard of determining whether testimony in perjury constitutes a false statement contrary to memory, the principle of court-oriented principle, or the principle of direct psychologicalism.

The Supreme Court precedents cited by the prosecutor as the reason of appeal are inappropriate to be invoked in the instant case, since they differ from the instant case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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