위증교사
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant forced or instructed D to give false testimony, and only asked D to make a true statement consistent with the substantive truth, but the court below found the defendant guilty of the facts charged in this case on the basis of the reversal statement without admissibility of evidence, etc., which affected the conclusion of the judgment by mistake of facts.
2. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below: ① Co-defendant D made a statement that corresponds to the facts charged in this case to the purport that “Co-defendant D has made a false testimony, unlike he/she has actually observed or experienced a crime, such as theft and attack by the defendant upon his/her request of false testimony,” at the court of the court below, and became final and conclusive after being sentenced to a fine of two million won in the court below. The above accomplice’s statement was made in the state of voluntaryness within due process, and there was no special inconsistency or conflict in the contents of the statement itself, and there was no possibility of sufficiently recognizing its credibility (this is difficult to view that D has any special motive or reason to believe that the defendant’s above act would be obtained through the defendant’s false statement or in order to gather the defendant, and ② the court below did not reverse D’s statement without admissibility as evidence, but did not adopt the witness testimony as evidence for the purpose of attack or defense against the defendant as evidence.