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(영문) 부산지방법원 2014.10.29 2014고단4970

위증

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2013, around 16:30 on October 14, 2013, the Defendant appeared at the court of the above court of violation of the Road Traffic Act (Act No. 1135, Nov. 7, 2013) against D as a witness and took an oath.

피고인은 변호인의 “피고인은 증인의 자동차 안에서 증인과 몸싸움을 하였을 뿐 결코 운전을 하지는 않았지요”라는 질문에 "예“라고 증언하고, ”혹시 그 당시 피고인이 자동차 시동을 켠 적이 있나요“라는 질문에 ”없습니다“라고 증언하고, 검사의 ”피고인이 운전한 사실이 없나요, 아니면 기억이 없나요“라는 질문에 ”운전한 사실이 없습니다“라고 증언하고, ”아예 없나요“라고 재차 질문하자 ”예“라고 증언하고, 재판장의 ”뒤차와 박은 것은 기억 나는가요“라는 질문에 ”애초에 뒤차와 간격이 거의 없었습니다“라고 증언하고, ”부딪힌 적도 없나요“라는 질문에 ”부딪힌 적 없습니다“라고 증언하였다.

However, there was a fact that D was shocking the back of the motor vehicle after coming from the starting of the motor vehicle that he was on board with the defendant.

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

Summary of Evidence

1. On September 3, 2014, the case of violation of the Road Traffic Act (driving) by the Defendant’s statutory statement at Busan District Court Branch Branch of Busan District Court Decision 2013 Man-Ma713 was finalized on September 3, 2014, and the Defendant, while denying the commission of crime at an investigative agency, led the Defendant to confession on October 1, 2014 on the second day of

1. Copies of the protocol of examination of witness (part of the third protocol of trial);

1. Application of Acts and subordinate statutes to each protocol of examination of witness (part of the fourth protocol of trial);

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area of sentencing guidelines [the range of recommendations] Type 1 (Perjury) (6-1-6).