The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (a factual error) of the Defendant’s testimony in this case is the key part of the testimony in this case, and as such, it cannot be deemed that the testimony and memory relating to the part that the Defendant testified from C, even though he did not have any question from C, is inconsistent with the purpose of examination with the testimony and memory relating to the part that was insignificant by mistake or by mistake.

In addition, according to the fact that the defendant's statement is reversed and cannot be trusted, and the remaining evidence submitted by the prosecutor, the defendant made a false statement contrary to his memory at the time of the testimony of this case, but the court below acquitted the defendant of this case.

Judgment

The court below determined that whether a witness's testimony constitutes a false statement contrary to memory should be determined by considering the whole testimony during the relevant examination procedure as a whole, not just because the witness's testimony is biased to a simple part of the testimony. Even if the whole purport of the testimony is consistent with objective facts and it is inconsistent with his memory as to the minor part of the interrogation procedure, it cannot be a perjury if it is caused by a loss or mistake of the purpose of the examination. The court below acknowledged the evidence duly adopted and investigated by the court below, i.e., the following circumstances acknowledged by the evidence, i.e., the size of the defendant and C, F, etc., the home pler store located in the Dong-gu, Dong-dong-dong, 784-9, Seoul Special Metropolitan City, Seoul Special Metropolitan City, where the defendant and C, and F, were working for the specific person, and in fact, the prosecution against the specific person was spread rapidly, and in light of the age of the above employees.