beta
(영문) 대구지방법원 포항지원 2019.06.20 2018고단1485

위증

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

[Criminal Power] On November 10, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Daegu District Court, and completed the execution of the sentence on June 1, 2017.

【Criminal Facts】

On July 4, 2018, the Defendant testified as follows: (a) on July 4, 2018, at the court of 181, the Daegu District Court Port Support No. 1 located in the Northern-gu court of 181, the defendant appeared and taken an oath as a witness of the case, such as violation of the Punishment of Violences, etc. (Joint Violence) against Defendant B (Joint Violence). The prosecutor testified as follows: (b) "I do not have any statement"; and (c) "I give testimony as "I do not have any statement that I would like to take or be able to take any advantage of (A)." (d) I asked the witness and Defendant B as "I do not have any statement at the time of C."

However, in fact, the Defendant directly observed that B gets up the floor by walking up both sides of the bridge, being towed up to the strings of C, ging up the strings of C in drinking, ginging up the strings of C, and ging up the strings of his own timber, kneeing C with knee, kneeing C’s timber with a good hand, attached C’s arms together with a person in bad name, and plicked C with a two arms.

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

Summary of Evidence

1. The defendant's legal statement (part);

1. Recording notes of each witness examination, each protocol of trial, and judgments;

1. Investigative report (in case of violence, analysis of screen pictures);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification during the period of repeated crime of a suspect);

1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 (1) of the Election of Imprisonment or Imprisonment;

1. Determination on the Defendant and defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act

1. The gist of the assertion was that there was no fact at the time of C, and that B was not at the time of C.

2. The following facts are acknowledged based on the evidence duly adopted and examined by the court.