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(영문) 서울남부지방법원 2020.06.16 2019노615
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (the factual errors and misapprehension of legal principles), D, E, and H’s respective legal statements in the original instance, the lower court rendered a judgment of not guilty, which erred by misapprehending the legal principles and by violating the rules of evidence.

2. The lower court determined that, in light of the circumstances stated in its reasoning, the Defendant’s testimony was insufficient to regard it as a false statement contrary to memory and there was no other evidence to acknowledge it otherwise.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.

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

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