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(영문) 수원지방법원 2017.07.05 2016고단7688

위증

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 29, 2016, at the court of Suwon District Court 108, the Defendant appeared as a witness of the Defendant’s instant case (hereinafter “instant case subject to perjury”) such as violation of the Oil Pipeline Safety Control Act against D No. 2016 Gohap 327, and was notified of the right to refuse to testify and the punishment for perjury, and subsequently testified after being sworn.

Accordingly, the prosecutor entered the defendant as "(D) when selling this land, and let him work together."

The Defendant asked “Defendant (D) has become aware of the work to sell the land.”

“Written reply” and the second prosecutor’s answer to the Defendant “in the ground digging-out”;

Earba required

The defendant who is asked " shall not have been entered into the ground excavation (D)".

The E oil station provided D as the place of committing the oil pipeline theft, including the answer, testified to the effect that at the time when the Defendant, together with other accomplices, did not participate in the above ground excavation and tunneling work, D was never involved in the above ground excavation tunnel work.

However, in fact, from March 2013 to May 2013, D had been directly involved in the tunnel work by excavating the ground from underground to oil pipelines provided by themselves to the oil pipelines while executing the theft of oil pipelines with the Defendant and other accomplices, and the Defendant was well aware of this fact.

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

Summary of Evidence

1. Two-time suspect interrogation records concerning the accused, F, and G, respectively;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Copy of the record of the examination of the witness against the accused;

1. A copy of a record of the examination of witness H by the witness;

1. Court rulings on cases subject to perjury;

1. Application of Acts and subordinate statutes of the judgment of the case in question to the Suwon Fix 2014 717,738 (Joint), 754 (Joint)

1. Determination of the defendant's assertion of the pertinent Article of the Criminal Act, Article 152 (1) of the Criminal Act, and Article 152 of the Criminal Act concerning criminal facts, and the defendant's choice of imprisonment.