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(영문) 대전지방법원 천안지원 2015.11.10 2015고단840

모해위증

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant and C came to know through D’s game, and C were sentenced to a fine of KRW 800,000,000 for the Defendant’s violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) against the Defendant at the Incheon District Court on September 5, 2014. On October 6, 2014, the Defendant was sentenced to a fine of KRW 80,000 as a crime of violation

On June 24, 2014, around 14:30 on June 24, 2014, the Defendant appeared in the court of Incheon District Court No. 411 located in 17, Nam-gu, Incheon, Incheon, as a witness of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation) with respect to No. 2014No944, supra.

The Defendant testified to “I do not have any question,” “I have any correction from E, even if there is any correction from E.”.

그러나 사실은 피고인은 C가 피고인의 명예를 훼손한 사실을 입증하기 위하여 E으로부터 이메일을 통하여 ‘C가 피고인에게 욕을 하는 것을 보았다’는 취지의 사실확인서를 받은 다음 C에게 불리하도록 위 사실확인서에 “아빠 있어 그렇군아^^어쩐지, 쓰레기, 고소당한다, 전과자 된다, 역겹다, 쌍노무새끼, F(서울 G)가 고소한다고 해서 신난다”는 내용을 임의로 추가 기재하여 C가 피고인에게 위와 같은 말을 한 것처럼 수정한 사실이 있었다.

Accordingly, the defendant made a false statement contrary to his memory with a view to harming C's conspiracy.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to C by the police;

1. C’s statement;

1. Meily (a case of forwarding confirmations-E);

1. Copies of trial records;

1. Application of Acts and subordinate statutes governing verification of facts submitted to a court;

1. Article 152 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall be recommended;