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(영문) 서울동부지방법원 2017.09.22 2017노617
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal (misunderstanding of facts and legal principles), F, and the consistent statement and relevant circumstances of the J, I is recognized that the Defendant made a false statement contrary to his memory, even though D entered into a contract with F on July 23, 2008, which was concluded with F, and entered into with the J, around August 2008.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the instant facts charged.

2. In a thorough examination of the evidence duly adopted and examined by the court below in light of the records, the court below's judgment that found the defendant not guilty of the facts charged on the basis of the judgment of the court below is just and acceptable, and since no new evidence corresponding to the facts charged was submitted in the court below, there is an error of law by misunderstanding facts or by misunderstanding legal principles as pointed out by the prosecutor of the court below, which affected the conclusion of the judgment

It does not seem that it does not appear.

Therefore, prosecutor's mistake of facts and misapprehension of legal principles are without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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