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(영문) 수원지방법원 2012.10.11 2012노2310

위증

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only made his/her memory in the Suwon District Court Decision 201No. 111 rendered a false statement with respect to his/her wife F, and that the Defendant has a special right to refuse to make a self-incrimination, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Examining the evidence duly adopted and examined by the court below in light of the records as to whether the defendant made a statement contrary to his memory, the defendant, at the D office of Y-si on July 4, 2003, even though he did not have the intent or ability to pay profits, etc. to him even if he received the money from E as the investment money for the apartment construction project of Y-si, Y-si, Y-si, Y-si, by deceiving E, received KRW 200 million from E, and acquired it by fraud. On November 20, 2009, the defendant was sentenced to imprisonment of one year and two months with labor with the Suwon District Court 2008Da5729 on March 11, 2010 at the appellate court, and even after the final judgment of dismissal was rendered on May 27, 2010 and the judgment of the court of first instance became final, the court below's testimony that he was charged with the above construction contract deposit of 201 billion won under the name of Busan High Court.

(b) One person may refuse to testify when the testimony is likely to cause a criminal prosecution or public prosecution, or conviction for the accused as to whether he/she has a privilege to refuse to commit a crime of self-donation.

Article 148 of the Criminal Procedure Act.