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(영문) 대구지방법원 상주지원 2016.10.18 2016고단346

위증

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 4, 2016, the Defendant appeared and taken an oath in the Daegu District Court resident support criminal law that is located in Mansan-dong at the time of stay at around 10:00 as a witness of the above case of violation of the Public Official Election Act against No. 2016Kahap25 B.

The defendant testified that "I receive money from C" was "I would like to ask the witness "I would like to receive money from C", and I would like to say that I would like to say that I would not be able to pay. I would like to say that I would like to say that I would not say I would like to say that I would like to say that I would not pay money in the name of a member of the D Council, election campaign," and the prosecutor continued to testify that "I would not give money in the name of a member of the D Council."

However, on September 2015 and February 2016, the Defendant received 3 million won in cash from each C, and was aware that the said money was in the name of the 20th election campaign of D members.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 2, 11, 16, 43, 52 of the evidence list);

1. Relevant Article 152 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Perjury of reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that damages the propriety of the fair judicial procedure and makes it difficult for the judiciary to find the substantial truth. However, the Defendant’s confession of the instant crime, the Defendant’s testimony is dismissed for lack of credibility, and the Defendant’s perjury did not affect the outcome of the instant case, and the Defendant is subject to criminal punishment prior to the instant crime.