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(영문) 부산지방법원 2013.04.12 2013노690

위증

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (six months of imprisonment) is too unreasonable.

B. (1) Although Defendant B asked Defendant B to testify in a civil procedure, Defendant B made a false testimony as to the facts charged of this case and abetted the perjury, the judgment of the court below is erroneous in the misapprehension of legal principles.

The punishment of the judgment of the court below on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Defendant A’s murder case, Defendant A’s testimony was intentionally made with the clear knowledge that the testimony was false in the civil case as stated in the facts charged in the instant case. In full view of the fact that the crime is not considerably good, and all matters concerning the sentencing as indicated in the Defendant’s age, occupation, and other records, the lower judgment’s punishment is deemed appropriate, and the above Defendant’s assertion is without merit.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) at the time of the prosecutor's investigation, Defendant B made a statement to Defendant A to request the testimony as stated in the facts charged as in the instant case; (ii) at the time of the prosecutor's investigation, Defendant A made a false statement upon the prosecutor's investigation request that Defendant B make a false statement; (iii) Defendant A voluntarily made a false testimony in civil litigation as stated in the facts charged without Defendant B's request; and (iv) Defendant A attempted to carry on real estate sales business on the land purchased by Defendant B. In light of the above relationship with the Defendants, Defendant A made a request for the testimony as stated in the instant facts charged.