The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In light of the fact that the defendant, immediately after the instant case, led not only to the confession of the crime in the investigative agency, but also the victim made a statement that he was assaulted by the investigative agency immediately after the instant case, all of the facts charged in the instant case can be recognized, but the judgment of the court below that acquitted the defendant on the basis of perjury in the court of the original instance, which was made after the agreement with the defendant,

Judgment

In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the public prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty.

Even if there is no choice but to judge the interests of the defendant.

(2) According to the evidence duly adopted and examined by the court below and the court below and the court below on July 22, 2010 (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). According to the above legal principles, the victim G provided a summary order of KRW 1 million with the statement to the effect that “The facts were transferred to the defendant at the time of the instant case, but the facts were turned out by the defendant at the time of the instant case,” the victim G stated in the court of the court below that “the defendant toldd the F and the victim, and himself was reported with a high oral report under the influence of alcohol, and he did not go beyond the Defendant’s personal seal.” However, it is acknowledged that the above evidence received a summary order of KRW 1,00,000 by the above evidence, but, i.e.,, the victim was found to have never been sealed by the defendant, but it was not intentional by the defendant, but by his own own and its own fighting.