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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal stated in the complaint that "E testified that the defendant had abused D while making a final and conclusive judgment of conviction for the crime of assaulting D," and stated in the complaint that "E testified that he had abused D even though he did not assault D.". The above complaint is a false fact contrary to objective truth, and the defendant's intention of accusation can be sufficiently recognized.
Nevertheless, the judgment of the court below that acquitted the charged facts of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged in the instant case is about April 24, 2014 and the same year.
6. around October, 2010, the Defendant testified to the effect that he/she appeared as a witness of the above case in the above court on August 25, 2016, when he/she was prosecuted for assaulting D twice at the C office located in Eunpyeong-gu Seoul Metropolitan Government, and was tried by the Seoul Western District Court 2016Da1179, he/she testified that he/she appeared as a witness of the above court on two occasions, and the Defendant was convicted of the facts prosecuted in the above court and was detained in court on August 22, 2017, and was detained by the court on August 22, 2017.
On July 2018, the Defendant instigated the Defendant to give testimony that he was present as a witness at the Seoul Seocho-gu Office for the purpose of having the said E and D give criminal punishment, and that “Defendant D, the Defendant, around August 2016, shall be punished as the perjury and the Defendant E, the Defendant, the Defendant, as a witness at the Seoul Western District Court on the trial date of the complainant’s assault case, to E, the Defendant, the Defendant, at around April 24, 2014 and June 10, 2014, in the vicinity of the Seoul Eunpyeong-gu Office C Office B located in Eunpyeong-gu, Seoul, for the purpose of having the Defendant give criminal punishment.” As such, on August 25, 2016, E shall be punished as the perjury and the Defendant, the Defendant, the Defendant, as the perjury.”