beta
(영문) 의정부지방법원 2013.06.28 2013노379

위증교사

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged on a different premise that the Defendant who instigated the perjury to D did not have instigated the perjury to D, and that D did not have the perjury, is erroneous in the misunderstanding of facts on a different premise. 2) Although the Defendant who instigated the perjury to H, the court below found the Defendant guilty of this part of the facts charged on a different premise.

B. The sentence imposed by the court below (two years of suspended execution for one year of imprisonment, one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts

On February 16, 2012, E, upon being investigated by the police first on February 16, 2012, stated that he/she was aware of his/her face on the date and time indicated in the instant facts charged, and that he/she lost his/her mind, and that he/she was asked to answer questions by the police called "where he/she was under drinking at the time, other than E, and he/she was not under the influence of alcohol, and others other than E, and there was no low- or no low-speed. It appears that he/she made it clear that he/she did assault E. The two life-friendlys of his/her own." All three persons stated that he/she made a statement when he/she was under the influence of his/her own disease, and that he/she was under the aggravated punishment at the time of preparing the agreement on D/M and the case at the time of his/her entrance.