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(영문) 대전지방법원 2017.08.31 2016노3718

위증

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant testified that he did not assault C and his children, it is true that he testified that he did not constitute perjury, the lower court convicted the Defendant of the charge, and thus, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable because it is too unreasonable (the Defendant does not explicitly state the grounds for appeal in the statement of reasons for appeal, but the overall purport of the judgment seems to have been inherent in the sentencing). 2.

A. The lower court found the fact that the Defendant made a statement contrary to his memory by comprehensively taking account of all the evidence as indicated in the lower judgment regarding the assertion of mistake of fact.

In full view of the following circumstances admitted by the court below and the evidence duly admitted and investigated by the court below, the above judgment of the court below is just, and there is a mistake of mistake of facts as alleged by the defendant.

subsection (b) of this section.

1) C and G have consistently stated from an investigative agency to the lower court’s court to the effect that the Defendant had entered the seat of C and his children.

2) On November 20, 2015, the Defendant was sentenced to a fine of KRW 700,000 on the ground that he/she assaulted C (Seoul District Court Decision 2015DaMa6266), and the Defendant’s appeal and appeal were all dismissed, and became final and conclusive on July 15, 2016.

3) C has taken a part of the son’s body and submitted the photograph, but the son’s face had not been taken, but the above photograph taken the part of the bridge, which caused the son’s hole inside the house, and supported C’s statement.

B. Determination of an unfair assertion of sentencing requires strict punishment as an offense that makes it difficult to discover the real truth and interferes with the appropriate judicial action of the State.

However, the defendant's perjury is the defendant's person who is the former wife of C.