The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal (the fact-finding) can be sufficiently recognized that the Defendant made a false statement contrary to memory.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Around December 16:30, 2017, the Defendant appeared and taken an oath as a witness of the Defendant’s case, such as the crime of special injury and injury in relation to B, at the court of law No. 2 of the Daegu District Court (Seoul District Court) around December 7, 2017.

① On February 25, 2017 and February 27, 2017, the Defendant respondeded to the question “N,” “I see to the end of the beginning,” “I am asked to the question “I am to the close,” and answer to the question “I am to the Defendant’s hand at the time when I am asked D on February 25, 2017, and I am to the question “I am to the Defendant’s hand at the time I am am to the Defendant’s hand at the time I am to the police. I am not to ask the presiding judge “I am to the answer to the police.”

However, in fact, the defendant was not memory of all the days in C on February 25, 2017, but only those days which were inside the office, and the defendant was not accurately aware of whether B took place D using the Otoba safety cap outside the office, and the defendant was urged to undergo an examination of witness from Fmanman of the Gyeongbuk Police Station around March 24, 2017, but refused the examination.

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

3. Determination

A. Relevant legal principles.