beta
(영문) 부산지방법원 2019.05.31 2019노273

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case, although the defendant made a false statement contrary to his memory as stated in the facts charged, and found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is the Plaintiff as a member of the University B’s post-university.

around 15:00 on August 28, 2017, the Defendant appeared as a witness of the Defendant in Busan District Court 355, which was located in Busan District Court 31, the Busan District Court 2017Kadan2453, and took an oath.

① The Defendant stated that the Defendant stated that “The Defendant (B) was able to use the Victim’s Madem C, the Victim’s male-gu of the Victim’s and the Victim’s Madem Madem C, which is suitable for the Victim’s Madem Madem.” The Defendant stated that “The Defendant (B) did not see the Victim’s Madem Madem Madem with his left arms,” and “e.g., the Defendant’s statement.”

However, at around 03:55 on October 30, 2016, the above facts: (a) reported the victim F with the victim F with the front crosswalk D located in Busan, Busan, and (b) took the direction towards F to her own, and (c) the Defendant appeared thereafter.

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

B. The lower court found the Defendant not guilty on the grounds that it was insufficient to recognize that the Defendant testified as stated in the summary of the facts charged, and that B obtained a suspended sentence of six months of imprisonment in the above criminal case, and that there was a lack of recognition that the Defendant intentionally made a false statement contrary to memory.

C. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant.