The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant only appeared as a witness in Busan District Court 2016 High Court 2016 High Court 3650 case and made a true statement according to his memory, and did not make a false statement contrary to his memory, but the court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts

2. Determination

A. On March 30, 2017, the Defendant was present at the Busan District Court No. 351, which was located in the Busan District Court as the Busan District Court, on March 30, 2017, and was notified of the right to refuse to testify upon being present at the court as a witness, such as assault against the above court No. 2016 and No. 3650 C.

On July 25, 2016, at around 21:40, the above case was committed by C, on the hand floor, on the ground that the victim G, who was a guest, was frighted in the order of receiving F and customers in Busan, Busan, the Busan, on the ground that the victim G, who was a guest, was kidd by the victim, was blicked once, etc., and the defendant was well aware of the fact that C was blicked by the victim at the time of the victim.

Nevertheless, the Defendant’s defense counsel’s “C Sheet her her her her her her her kylin.”

“Isn if you do not:

I shall not:

“At the bottom of the Prosecutor’s “(C)”, the Prosecutor’s “(C) fails to keep the buck in order to keep the buck,”

without required Republic of Korea

“Isday” in the newspaper

“The testimony was made.”

Accordingly, the defendant made a false statement contrary to memory and raised perjury.

B. The lower court found the Defendant guilty on the instant facts charged on the ground that, in light of the overall testimony of the Defendant, including the circumstances before and after the Defendant’s expression, reply, etc., the intent of perjury was recognized, by comprehensively taking into account the evidence duly admitted and examined.

(c)

1) In light of the spirit of substantial direct deliberation adopted by our criminal litigation law, the appellate court, as an appellate court, has clearly erred in the first instance judgment as to the credibility of the statement made by the first instance witness.

shall be deemed to be.