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(영문) 인천지방법원 2018.03.07 2017고단8841

위증

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From the court of Law No. 413 of the Incheon District Court No. 163, Jun. 26, 2017, the Defendant appeared as a witness of a violation of the Communications Secret Protection Act against G No. 2017 high-class 45 of the above court in the Seoul Southern-ro No. 163, Nam-gu, Incheon, Seoul, about June 26, 2017, and thereafter, “A witness sent a file to H’s mobile phone without the consent of the Defendant.”

“To answer the Prosecutor’s Question”, and continue to read “to send a witness with the Defendant’s permission.”

“A prosecutor’s question” was asked to “no”.

However, on March 2016, the Defendant sent the above recording file, which was stored in G's mobile phone with permission from G, to H, after obtaining permission from G on March 2016.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Public trial records (the first time and the pages, No. 655 of the investigation records);

1. Records of each oath, each protocol of examination of witness;

1. A protocol concerning the examination of the suspect of the defendant or G by the prosecution;

1. Statement made by the prosecutor to H and the defendant by each prosecutor;

1. Court rulings;

1. Investigation report (the attachment and analysis of suspect A video CDs), investigation report (examination of evidence and circumstantial relation), and investigation report (mediation of evidence and circumstantial relation) (the defendant only speaks the truth in the court, but did not make a false statement;

The argument is asserted.

The following circumstances acknowledged by the evidence of the judgment, namely, G’s assertion that the Defendant was not allowed to transmit the cell phone file to the Defendant in the case of violation of its communications secrets, and that the Defendant was admitted to the appellate court.

J consistently obtained G’s permission from the investigation stage of the instant case to present himself/herself as a witness and present himself/herself at the trial to give testimony.

The defendant stated that he was a cell phone store in order to transmit the file to H, and recognized that G was accompanied to the parking lot, and the defendant's assertion.