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(영문) 울산지방법원 2014.11.28 2014노712

모해위증

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant testified in the court of fact that he had the same contents as the entries in the facts charged of this case, the court below found the defendant guilty of perjury in the absence of the defendant's intent to punish E, which affected the conclusion of the judgment by misunderstanding of facts, although the contents of the defendant's testimony are not consistent with the objective facts or false statement because it does not go against the defendant's memory, and it does not constitute defamation against E due to the defendant's statement.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. The defendant and his defense counsel asserted that there is no admissibility or probative value of CCTV images and records, which are the main evidence of the court below. However, the defendant and F did not discover any peculiar points that can be judged that the above images were fabricated from the perspective or content of the video as a result of the appraisal by the National Institute of Scientific Investigation of CCTV on the main body of CCTV taken several pages, and 324 pages of the evidence records, and the defendant stated in the investigative agency that "Secheoncheoncheon-do is not the human race, but the Nacheon-do is at the discount of the bill, and the defendant appeared as a witness of the defamation case against the victim." The defendant appeared as a witness of the defamation case against the victim, and there was no error in the video record of this case without any objection to the prosecution, and the defendant did not think that the above CCTV was not the video record of this case at the time of his memory.