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(영문) 전주지방법원 2016.08.26 2016노629

위증

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (misunderstanding of facts and misunderstanding of legal principles) The Defendant needs to conduct research from D.

Of the research expenses, the remainder of the defendant out of the research expenses shall be used as laboratory operation expenses.

“The testimony of the defendant does not constitute perjury, as the statement of consent is heard and the head of the Tong and the seal is memoryed with the purport of consent to D, and the testimony of the defendant is given in the court as to memory.

B. According to all the evidence by the prosecutor (misunderstanding of facts), the court below erred in finding the Defendant not guilty of the facts charged, due to the mistake of facts, although the Defendant A sufficiently recognized the fact of perjury as stated in the facts charged.

2. Determination

A. The defendant alleged the same purport in the court below's determination as to the defendant B's assertion, and the court below rejected the above assertion with detailed explanation of the judgment at the bottom of "a summary of evidence" column. In light of the records, the court below's determination is just and acceptable, and there is an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

B. Prosecutor’s assertion 1) Summary of this part of the facts charged