The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, although the defendant could have made a false statement contrary to memory as stated in the facts charged of this case and proved the perjury, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, that is, the overall purport of the testimony of this case is that the defendant is not directly related to E.

In light of the fact that while being drunk at the time of the assault or bodily injury of E, it is not well memoryed at the time of the assault or bodily injury of E, there was memorys that they were being pushed ahead with E, and they were faced with it, and face when they were faced with E, so they thought that they were faced with E because they are too unfolded, and that it is difficult to avoid the possibility that the Defendant made a false statement in exaggeration at the time of the police investigation even though he was not satisfyed well at the time of the assault or bodily injury of E, such as the above testimony, the evidence submitted by the prosecutor alone that the Defendant made a false statement contrary to memory at the time of the testimony of this case.

It is difficult to readily conclude.

Therefore, prosecutor's assertion is without merit.

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.