The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In spite of the defendant's perjury as stated in the facts charged, it is erroneous in the judgment of the court below that acquitted the defendant, thereby affecting the conclusion of the judgment.

Judgment

The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have such a degree that is not likely to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion

(2) The lower court’s judgment on the credibility of a statement made by a witness of the first instance court is clearly erroneous in light of the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). In addition, unless there are extenuating circumstances to deem that the first instance court clearly erred in its determination on the credibility of a statement made by a witness of the first instance court in light of the spirit of substantial direct cross-examination adopted by the Criminal Procedure Act, or where it is deemed significantly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court

(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Of the facts charged, the lower court found the Defendant not guilty of this part of the facts charged while clearly explaining the grounds for the determination, including the credibility of each statement made by the witness F, C, and the Defendant, in detail.

A thorough examination of records by comparing the evidence duly adopted and examined by the court below, the judgment of the court below on the credibility of the witness statement of the court of first instance shall be respected.