beta
(영문) 대구지방법원 2019.09.17 2019고단3554

위증

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2019, the Defendant appeared as a witness of the Daegu District Court No. 2, 364, Daegu Suwon-gu, Daegu-gu, Daegu-gu, and took an oath upon being notified of the right to refuse to testify.

After taking an oath as above, the Defendant testified that ① “I have no fit” was asked by the prosecutor that “I would like to ask the Defendant (B) to be the beer and disease of the Defendant,” ② asked the prosecutor that “I would like to ask the Defendant “I would like to ask the questions.” ② The prosecutor asked “I would like to ask the Defendant “I would like to give the testimony,” and ③ I would like to ask the prosecutor “I would like to know that I would not have any such fact.”

However, on July 14, 2018, the Defendant had a studio from D 3 singing practice rooms located in Daegu Suwon-gu C on July 14, 2018 to be the head of the beer disease from B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Court rulings;

1. Protocol of examination of the witness and recording paper;

1. A report on the occurrence of an accident subject to special injury and voluntary movement of a suspect;

1. Application of A’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 152(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines [decision of types] perjury and evidence destruction crimes: perjury [Type 1] No perjury [the scope of recommendations and recommendations] [the scope of recommendations]; the basic area of recommendation; imprisonment with labor for six months to one year;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

Madern circumstances: Perjury is the discovery of substantive truth by the judiciary.