The prosecutor's appeal is dismissed.

1. At the time of examination of the defendant as to the summary of the grounds for appeal, the presiding judge notified the defendant that he has the right to refuse to testify.

Even if the presiding judge did not notify the defendant of the right to refuse to testify.

Even if the defendant refused to answer the cross-examination of the defense counsel during the examination of the witness, but the defendant did not refuse to answer the examination of the facts charged of the case, and made an active false statement stating that "the above-mentioned facts of the resolution are at a close risk," and considering the overall purport of the testimony, it cannot be deemed that there was a de facto obstacle in exercising the right to refuse to testify.

Nevertheless, the court below acquitted the defendant, which affected the conclusion of the judgment, by misunderstanding the facts.

2. Determination

A. Summary of the facts charged