위증
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is clear that the defendant did not make a statement contrary to objective truth and did not make a statement contrary to his memory. However, the court below did not determine whether the defendant made a statement contrary to his memory, and found the defendant guilty of the facts charged in this case on the basis of the evidence unilaterally unfavorable to the defendant as the evidence falling short of credibility, and therefore, there is an error in the misapprehension of judgment, misunderstanding of facts, violation of the principle of trial on evidence, incomplete deliberation, and violation of the rules of evidence.
2. (1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is recognized that the defendant ordered F to take production process despite the G’s director H, working for F, and as long as the defendant appeared and taken an oath in court as stated in the judgment of the court below although he ordered F to take work, and testified to the effect that he was aware that he did not have any work nor was he instructed F to take work, the defendant was guilty of the facts charged in this case since he made a false statement contrary to his memory.
① The Defendant is a person working as the director of D Co., Ltd. (hereinafter referred to as “D”), and G, as a subcontractor company of D, was engaged in the production of a mathrobing closure using a cutting machine at D’s workplace.
② At around 20:30 on January 7, 201, F, who was a foreign employee of G, was at work at D’s workplace and was at work, and was at work at D’s workplace on January 8, 2011, F, on January 8, 2011, was at work due to an accident that was cut off by hand during the cut season (hereinafter “instant accident”).
③ F filed a claim for damages against D, G representative director E, etc. by the Ulsan District Court 201Kadan31682, and the Defendant is the above.