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(영문) 인천지방법원 2013.12.11 2013고단6295

위증

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 25, 2009, the Defendant appeared at the Incheon District Court 410, the Incheon District Court 278-2, the Nam-gu, Incheon District Court 410, in order to take an oath as a witness of the defamation case against C, the above court, and testified as shown in the attached list of crimes (1) through (3) on each physical record of the public prosecutor and the defense counsel of the defendant, etc. who are trying to examine the above case.

However, the Defendant, in collusion with D, E, F, and G, has been finally and conclusively sentenced to a fine of one million won, due to the act of impairing H’s reputation, and thus, the Defendant testified with the Defendant to be sentenced to a false verdict of innocence despite having been well aware of the circumstances of the case.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. On January 19, 2010, the Defendant appeared at the court of Incheon District Court No. 411 located in Nam-dong 278-2, Nam-gu, Incheon, Incheon, as a witness of the defamation case against D of the above court No. 2009No3823, and testified as stated in [Attachment List] (4) and (5) of the presiding judge who is trying to examine the above case.

However, the Defendant, in collusion with C, E, F, and G, has been finally and conclusively sentenced to a fine of one million won, due to the act of impairing H’s reputation. Therefore, the Defendant testified with the Defendant to be sentenced to a false verdict of innocence despite having been well aware of the circumstances of the case.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each protocol of examination of witness;

1. Application of Acts and subordinate statutes to the police statement of H;

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.