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(영문) 수원지방법원 2017.11.17 2017노4284

위증등

Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal 1) A person who has committed violence against the defendant while the F is interested by mistake of fact;

In light of natural aspects, it is reasonable to see that F was guilty of having committed a false testimony at the laboratories of school teaching materials on December 10, 2013. As such, as stated in each of the facts charged in the instant case, the Defendant made a false testimony by failing to obtain F or attending a trial on F as a witness.

shall not be deemed to exist.

Even if F does not have any fact that the Defendant was sealed on December 10, 2013, the contents of the Defendant’s accusation cannot be established as a crime of false accusation because it was merely an exaggeration of the situation at the time, and the Defendant did not make a statement contrary to his memory in a trial on F, and thus, perjury cannot be established for the Defendant.

2) The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) which is unfair in sentencing is too unreasonable.

2. Determination 1) The Defendant made the same assertion in the lower court as to the assertion of mistake of facts.

For the following reasons, the lower court: (a) on December 10, 2013, the Defendant was fully able to recognize the fact that the F had been present as a witness in a trial on F and made a false testimony, even though the F did not have any confidential fact in the school teaching materials laboratory on December 10, 2013, as stated in the instant facts charged;

The decision was determined.

① On the basis of the Defendant’s accusation, F was prosecuted on the charge of assaulting the Defendant and sentenced to a conviction in the first instance court, but a judgment of innocence was rendered at the appellate court, and that judgment became final and conclusive.

② The reasons for innocence in the appellate trial against F was that the Defendant’s statement, the only evidence consistent with the facts charged against F, was not reliable, and that there was no other evidence to acknowledge the facts charged.

(3) The statement of the defendant in F of the assault shall continue without consistency in the form and frequency of the assault, order, situation of witnesses, etc. from the time when the complaint was filed to the appellate trial of F.