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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (1) is reasonable to deem that E testified testified to the purport that anyone, including E, does not have any assertion as above at the court below's trial, in light of the following: (a) the Defendant consistently made a statement from May 201 to June 201 that there was a statement to the effect that he does not come home on several occasions; (b) the Defendant's questioning about the Defendant at the time of the testimony of this case, "where he leaves a church after leaving the church" shall be interpreted broadly to include not only the day but also the time when he leaves the church; and (c) the Defendant did not make any assertion as above at the court below's trial; (b) it is reasonable to deem that he testified to the purport that anyone, including E, did not have any fact that he does not go home, but there is an error of law by misunderstanding the judgment of not guilty of
2. Determination
A. At around 10:00 on July 2, 2013, the Defendant testified as follows: (a) at the court room of the Seoul Central District Court 514, the Defendant appeared to take an oath against C as a witness of the defamation case of 2012 Go-Ma6427 against C; and (b) during his testimony, C’s defense counsel testified as follows: (c) “I have to ask the Defendant that “I have the fact that I would know that I would return to the above will return to the church when I leave the church by resignation of the youth assistant.”
However, on June 201, the Defendant said, “C finites” to E in the training room of D church.
Accordingly, the defendant made a false statement contrary to his memory and perjury.
B. The judgment of the court below is that whether a witness's testimony is a false statement contrary to his memory or not should be determined by understanding the whole of the testimony during the relevant interrogation procedure as a whole, not by the simple Section of the witness's testimony. Where the meaning of the testimony in question is unclear or it can be understood differently, the ordinary meaning and usage of the language, the context before and after the testimony in question, the purpose of the examination, and the reasons why the testimony was made.