The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant of the charges of this case on a different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, even though the facts acknowledged by the court below are sufficient enough to prove that the defendant made a false testimony against memory.

2. Determination

A. The prosecutor is responsible for proving the criminal facts charged with false accusation, and the recognition of the criminal facts must be based on the evidence with probative value to the extent that there is no reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.

Based on the above legal principles, the court below judged the defendant not guilty of the facts charged of this case on the ground that it is insufficient to view that there is sufficient evidence to the extent that there is no reasonable doubt as to the facts charged of this case on the grounds of the facts and circumstances as stated in its reasoning, and there is no other evidence. Considering the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is not erroneous in the misconception of facts as alleged by the prosecutor.

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