beta
(영문) 서울남부지방법원 2013.08.08 2013노815

위증등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. Defendant E: There is no mistake of fact that Defendant E has instigated C with perjury.

(b) for the same purpose.

Defendants: The punishment of unfair sentencing (eight months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) of the lower judgment is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding Defendant E’s assertion of mistake of fact, and in particular, according to the statement of Defendant C, the fact that Defendant E testified that “A was proved by the testimony of Defendant C prior to the testimony in the case of violation of the Punishment of Violence, etc. Act (joint injury) by the Seoul Southern District Court Decision 2010DaMa448 on April 29, 2010 (Joint Injury) against Defendant and H.

In light of this, since Defendant E can be sufficiently recognized that Defendant E has instigated perjury, Defendant E’s assertion of mistake of facts is without merit.

B. (1) As to the Defendants’ assertion of unfair sentencing, Defendant D’s confession of the instant crime was made in the first instance.

However, Defendant D’s assaulted on September 6, 2009 by walking A’s way, and Defendant D’s witness of the Seoul Southern District Court case No. 2010Da448 case, which is the above assault case, to the witness of the Seoul Southern District Court 2010DaMa448 case, “I am a lot of fines so doing so. I am a lot of fines. It is obvious in the record that Defendant D asked her to her friencing in favor of her, and even if her clearly knows that this fact is true, it is not certain that Defendant D was her “at the examination date of the above case in accordance with the purpose of his request.”