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(영문) 수원지방법원 2019.09.02 2019노1207

위증

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the testimony of this case, when the defendant gives testimony of this case, he did not understand the meaning of the comprehensive question and gave answers, or he did so with a considerably tension at the time of testimony. In addition, the defendant did not know well about the circumstances concerning the name lending. In the end, although the defendant did not have made a false testimony contrary to memory, the court below found the defendant guilty of the facts charged of this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment. 2) The testimony of the defendant of unreasonable sentencing did not affect the conclusion of the judgment, 3) the defendant's health is not good, and the defendant is a basic living beneficiary, and in light of the fact that the defendant is a basic living beneficiary, the punishment of the court below (4 million won) is too unreasonable.

B. In light of the Defendant’s statement, etc. at the time of the testimony of this case by the public prosecutor (the part not guilty), the Defendant clearly became the representative director D, and the representative director D, who was aware of the Defendant, can be aware that he was not G, and thus, the lower court erred by misapprehending the fact that it was not guilty of the facts charged and adversely affected the conclusion of the judgment.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts (the part concerning the crime of mistake) also asserted the same purport as the defendant's assertion of mistake of facts, and the court below rejected the above assertion in detail. In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is justified, and the defendant'

B. The lower court rendered a not guilty verdict on the prosecutor’s assertion of mistake of facts (the part not guilty in its reasoning) while sufficiently explaining the grounds for determination on the relevant facts charged.

In light of the records, the evidence duly adopted and examined by the court below.