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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (fact-finding) shows that the Defendant was able to get off the vehicle on the road that was set back around the night of the instant day while driving the vehicle, and that B went to a hospital that gets on the front side of the apartment site while parked the vehicle, and finds out the D having suffered pain when she parked the vehicle, and gets off the house, gets off the house, cut back the clothes, cut back the clothes, and cut off the cab.
Therefore, even if there is a somewhat different portion of the testimony that “the defendant reported D, which was used in apartment fluor, immediately fluored, left the hospital,” it is merely a minor part, and its contents are not a false statement contrary to memory.
In addition, the defendant cannot be viewed as having the intention of perjury.
Nevertheless, the judgment of the court below that recognized perjury as to the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.
2. The Defendant asserted to the same effect as the grounds for appeal of this case at the lower court.
The court below affirmed the following facts and circumstances based on the evidence duly adopted and examined, i.e., ① the relevant appellate court's ruling that it is difficult to believe that the defendant's testimony was not consistent with the actual situation and time with the statement of the police officer dispatched to the site at the time, and ② the defendant made a confession in the police investigation to the purport that he does not have observed D which was used for violence in the apartment site at the time of the instant investigation, and the defendant made a confession to the purport that he was not a witness in the police investigation at the second time, and it was true that the defendant was sent to the hospital in the police investigation at the time of the second time, and that D was sent to the hospital due to eroding and an apartment door, but it is not easy to say that he was a person who was used in the present room."
(see, e.g., Investigation Records 151 to 153);