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(영문) 광주지방법원 2014.06.12 2014노260

위증

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant, who failed to grasp the purport and premise of questioning properly, testified as the facts constituting an offense in the lower judgment, inasmuch as misunderstanding that C had expressed a desire to and made a fluence to D in the presence of all other persons than C and D, and thus, does not constitute perjury. 2) At the time when C took a bath to D, the Defendant, at the time when C took a bath to D, did not look at the bath that C had been expressed in dispute with J.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this part, and the court below stated the defendant's argument and its decision in detail with the title "the judgment of guilty", and rejected the above argument and sentenced the defendant guilty. In light of the records of this case and the reasons for the judgment of the court below closely comparison, the above judgment of the court below is acceptable and there is no error of law of mistake of facts.

Therefore, this part of the defendant's argument is without merit.

B. The testimony that the defendant appeared as a witness in a trial on the assertion of unfair sentencing is contradictory in itself to the testimony of other witnesses, and even if there are parts inconsistent with the testimony of the defendant C who is the defendant of the above trial, and it seems that the result of the above trial seems to be significantly affected by the fact of the above trial. However, there is a need for strict punishment for perjury as a serious crime that causes confusion and uncertainty in the judicial action of the State through deliberation on the finding of truth by the court, and thus causes confusion and incompetence in the judicial action of the State. Although the suspicion of the crime of the defendant is apparent, the defendant continues to make a scruptive defense to the trial, and the age and age of the defendant are other.