The prosecutor's appeal is dismissed.

1. In light of the Daegu District Court Decision 2013No 3628 Decided the Defendant of the summary of the grounds for appeal, it is sufficiently recognized that the Defendant made a false statement contrary to memory.

However, the lower court erred by misapprehending the fact that the lower court acquitted the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court, based on the evidence submitted by the Prosecutor, suffered injury, such as the escape of the Defendant, by putting the center on the wind of drawing the clothes of the Defendant into the floor and getting out of the floor.

“A testimony as indicated in the facts charged (hereinafter “instant testimony”) there is proof that there is no reasonable doubt as to the fact that the testimony is a false statement contrary to the Defendant’s memory.

On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.

① In the above injury case against C, the first instance court and the appellate court rejected the credibility of the Defendant’s statement, such as the testimony of this case, and rendered a judgment of innocence, which became final and conclusive. However, the circumstance alone proves that C did not inflict any injury on the Defendant, or that C made a false statement contrary to memory.

It shall not be readily concluded.

In addition, as to the summary order, the defendant did not request a formal trial and became final and conclusive in regard to the summary order that the defendant was injured 14 days by smuggling C at the time of the instant case.

Even if this is compatible with the facts charged in the above injury case against C, it is clear that the testimony of this case concerning C's act constitutes a perjury on the ground of such circumstances.

② At the court of the court below, C, as in the case of the above injury, is pushing ahead of it by the defendant.