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(영문) 수원지방법원 2018.01.11 2017노4385

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (misunderstanding of facts) stated that the defendant had no consent to the withdrawal of the petition in several times at the investigation stage, and that the defendant had been able to fully consider whether he/she has consented to the preparation of the withdrawal of the petition by obtaining information on the case of forging the private document before his/her testimony, and had an opportunity to correct his/her statement in the course of interrogation by rhizing his/her memory, and cannot be deemed to have made a false statement because he/she failed to properly memory the preparation of the written withdrawal of the petition, and the defendant submitted a reply to the prosecutor’s office to the same effect as he/she was investigated by the prosecutor. In full view of the fact that the above statement was reliable, and that the defendant was unaware of the fact that he/she received the overdue wage from D (hereinafter “D”) on June 29, 2011, and that there is a low possibility that he/she consented to the preparation of the written withdrawal of the petition by circumstantial circumstances, as stated in the facts charged, can be acknowledged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

2. On March 17, 2015, the lower court: (a) prepared a written confirmation to the effect that “the withdrawal of the petition is not directly prepared by the person in question, there is no agreement with the person in question, no money or other valuables have been received, no notification has been received from the person in charge of handling the petition; and (b) submitted it to the staff of the Inspector General of the Ministry of Labor in the Employment and Labor; (c) there is no contact with C after June 27, 2011, the Defendant submitted the petition by the police on or after July 18, 2015; and (d) there is no document expressing his intention to withdraw the petition to C; and (e) there is no document expressing his

Since D and it did not have good reason to withdraw, there was no reason to do so, so there was no intention to withdraw.