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(영문) 대전지방법원 2013.10.24 2013노1356
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of legal principles) and the evidence submitted by the prosecutor, although the defendant was aware of the fact that H submitted insurance claim to D at the time of the testimony of this case, he could have made a false testimony and acknowledged the fact of perjury, the court below acquitted the defendant as to the facts charged of this case, by misunderstanding the facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

2. The court below found the defendant not guilty on the ground that since it is difficult to conclude that the evidence submitted by the prosecutor alone that H was aware of the fact that H submitted the claim for insurance money to D Co., Ltd. at the time of the testimony of this case, it is difficult to recognize that the testimony of this case was a false statement contrary to the defendant's memory. In light of the evidence duly adopted and investigated by the court below and the reasoning of the judgment below closely comparison, the above judgment of the court below is just and it is hard to see that there

Therefore, the prosecutor's above assertion 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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