The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal (misunderstanding of facts) L, etc., the court below rendered a verdict of innocence against the defendant although the defendant could have acknowledged the fact of perjury. Thus, the judgment of the court below erred by mistake of facts.

2. The lower court determined that the instant facts charged were proven beyond a reasonable doubt solely with the evidence submitted by the prosecutor.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

In light of the following circumstances acknowledged by the above evidence, the judgment of the court below is just, and there is an error of law by misunderstanding the facts as alleged by the prosecutor, as otherwise alleged by the prosecutor.

shall not be deemed to exist.

A. Article 308 of the Criminal Procedure Act, which provides the principle of free evaluation of evidence, provides that the probative value of evidence shall be based on the free evaluation of the judge, is due to the fact that it is appropriate for the discovery of substantial truth, and thus, the arbitrary judgment of the judge is not accepted. Thus, the judge of the appellate court in fact who has a prior right to the determination of evidence should take into account the perception and examined evidence obtained in the trial procedure in finding facts.

In addition, the probative value of evidence is left to the discretion of a judge, but the judgment is consistent with logical and empirical rules, and the degree of the formation of conviction to be found guilty in a criminal trial ought to be such that there is no reasonable doubt (see, e.g., Supreme Court Decision 2009Do58, Mar. 11, 2010). Whether the testimony of a witness is a false statement contrary to his memory is not attributable to the simple composition of the testimony, but rather to the whole testimony in the relevant interrogation procedure. In a case where the meaning of testimony is unclear or it can be understood by itself as a whole, the ordinary meaning and usage of language, and the testimony at issue is the question.