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(영문) 춘천지방법원 강릉지원 2013.04.17 2013노44

위증

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) There is no false testimony in mistake of facts.

F only talked about the relationship between D and J by finding a store of the defendant, and there is no d's bad character problem and suicide.

The defendant was able to make a true statement because he did not have any such a story from F.

Nevertheless, the judgment of the court below which convicted the defendant on the premise that the testimony made by the defendant is false is erroneous.

(2) The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant led the Defendant to the effect that he/she was guilty, and the confession seems to be reliable.

In addition, each investigation agency and legal statement of D, G, and H are also supported.

Therefore, the court below which pronounced the defendant guilty is just, and this part of the defendant's assertion is not acceptable.

B. As a result, the Defendant’s perjury on the assertion of unfair sentencing by the Defendant and the prosecutor did not affect the outcome of the trial of the subject case, the issue of the subject case is not weighted, and the Defendant suffers economic difficulties, etc. are favorable to the Defendant.

However, perjury is a serious criminal that interferes with the judicial action and disciplinary action of the State by impairing the discovery of substantial truth by making a false statement of a witness secured by an oath. The perjury of Paragraph 1 of the judgment of the court below is under detention of the defendant for fraud, and the perjury of Paragraph 2 of the judgment of the court below is more likely to be subject to criticism in that the defendant committed during the period of repeated crime, which is beyond the execution of punishment for fraud, is committed.