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(영문) 대구지방법원 2016.11.03 2016고단3273

모해위증

Text

A defendant shall be punished by imprisonment for six 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 June 11, 2015, the Defendant: “Around September 18, 2014, the Daegu District Court rendered an injury to the victim C, taking a step by cutting off the victim C, cutting down the neck, cutting the neck, and taking a step by drinking, and suffered approximately six weeks of treatment, such as 1 and 2 on the left-hand 1 and 2 on which treatment is required by the victim.

“Aggravated having been sentenced to six months of imprisonment for an injury to the purport of the crime, and the judgment became final and conclusive on October 7, 2015, and completed the enforcement of the sentence on December 10, 2015. On August 19, 2015, the Defendant appeared and taken an oath as a witness of the injury case against Defendant C at the Daegu District Court’s Daegu District Court (Seoul District Court Decision 2015Da503, Sept. 50, 2015) in the Daegu District Court’s Criminal Act, which was located in the Daegu Suwon-gu, Daegu Suwon-gu, Daegu, as a witness of the injury case. The Defendant testified to the effect that “A unilaterally takes one’s own bath while under the said court’s desire to injure Defendant C” for the purpose of undermining C’s conspiracy.

However, the fact is that the defendant did an injury to C by cutting, cutting, cutting, and cutting the breath of C, and that C did not have been aware that he did not unilaterally write the name of the defendant.

As such, the Defendant made a false statement contrary to his memory with the intent of undermining others in criminal cases.

Summary of Evidence

1. C’s legal statement;

1. Copies of each protocol of examination of the witness to D or accused and copies of each protocol of examination of the witness;

1. Recording notes of the E examination of witnesses, and recording notes of the F examination of witnesses;

1. Investigation report (the details of sentence and trial proceedings against complainant C), investigation report (the confirmation of the second instance against complainant C, etc.);

1. A copy of each judgment (Evidence Nos. 17, 20, 23, and 25 of the evidence list), details of proceedings of the court, and requisite agreement assistance in the case;

1. Previous convictions in the judgment: Criminal history records, investigation reports (reports attached to judgments of suspects A), search of court cases, copies of judgments, the accused and the defense counsel denies the crime of perjury, but the victim C's police and court witnessed consistent and specific statements and circumstances at the time.