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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant testified with C and D by reporting and memorying an event between C and D, but the judgment of the court below convicting the Defendant, thereby adversely affecting the conclusion of the judgment.
2. First, on April 3, 2015, around 22:20, 2015, the Defendant’s testimony was examined as to whether the Defendant’s testimony was against objective facts or not, and according to the evidence duly adopted and investigated by the lower court, the Defendant’s testimony is the testimony contrary to objective facts. As such, the Defendant’s testimony is the testimony that is contrary to objective facts.
Next, according to the records of this case, even though the defendant's testimony and testimony that the defendant had observed all the circumstances from the beginning at the time was false statement contrary to memory, it is reasonable to view that the defendant's testimony was made a false statement contrary to memory because the circumstances at the time were extremely subjectively distorted in fact, based on the subjective opinion, and thus, it is reasonable to view that the defendant's testimony was made a false statement contrary to memory. Since the defendant prepared and submitted a written statement during the investigation process with respect to C, the above testimony is consistent with this, there is no possibility that the defendant made a false statement by erroneously understanding the purpose of questioning.
Ultimately, we cannot accept the defendant's assertion of mistake.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.