The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the defendant of the summary of the grounds for appeal is based on the premise that the defendant's statement that he did not see E on October 18, 2005, and that E was true in P.M.

However, according to the statements of C, E, etc., the defendant can be acknowledged to have seen E as the facts charged and the defendant made a false statement. Thus, the judgment of the court below that acquitted the defendant, which affected the conclusion of the judgment, is erroneous by misunderstanding the facts.

2. Determination

A. On October 18, 2005, the Defendant had observed E in the vicinity of the house located in the 102 Dong 201, where the residents of Yeonsu-gu Incheon apartment (hereinafter “instant apartment”) were gathered to resist C around October 18, 2005.

On July 13, 2011, the Defendant appeared as a witness of the Incheon District Court No. 320, the Incheon District Court No. 201No1420, which was located in the Nam-gu Incheon District Court of Law No. 320, and took an oath to refuse to give testimony.