beta
(영문) 대전지방법원 2016.01.28 2015노2236

위증

Text

The judgment of the court below (including the portion not guilty) shall be reversed.

Defendant shall be punished by a fine of KRW 700,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts (as stated in the facts charged, the perjury No. 1, 2, and 5) No. 1 of the facts charged (as indicated in the judgment below) (Article 1 of the facts charged) Defendant testified that there was no procedure to convene a general meeting, and that it has no effect as a general meeting of the farming council due to the opening of the meeting below the quorum, and thus, the Defendant did not make a false statement.

B) Article 2 of the facts charged (Article 2 of the facts charged in the judgment below) of the Defendant was notified of convening an extraordinary general meeting on April 2, 2011, and the Defendant was present at this meeting and became aware of the fact, but the Defendant did not make a false statement because he did not hold the said extraordinary meeting.

C) Article 5(5) of the facts charged (Article 3(3) of the facts constituting the crime as indicated in the judgment of the court below) Defendant raised an objection to the inquiry of the presiding judge.

In light of the context before and after the testimony at issue was made, the statement means that the defendant raised an objection through a lawsuit. Thus, the defendant did not make a false statement.

In addition, it is difficult to exclude the probability that one H has raised an objection against the part appointed as the representative of C inside the farming society, so the testimony of the defendant is not false.

2) The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts (the perjury stated in the facts charged 3 and 6) not only led the Defendant to this part of the facts charged by the prosecution, but also it is evident that C was not an executive officer of the farming association by June 20, 2012, and the Defendant (the name “C”) was not involved in the operation of the farming association as an executive officer of the farming association or engaged in activities to the extent that he was directly involved in the operation of the farming association or equivalent to the executive officer of the farming association,” in the newspaper stating that “Around June 20, 2012, the general meeting held at K community hall (the general meeting held at K community hall around June 14:00) was not held.”