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(영문) 수원지방법원 2018.01.11 2017노7009

위증

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant: (a) stated that C was aware that C was a person during the period of suspension of execution and testified that C was aware of such fact; (b) however, the time when C sold phiphones to C was the time when C sold the phiphones; and (c) when C made a statement by the informant on April 2015, the Defendant was unable to memory the fact stated as of April 2015 as the Defendant’s memory

Since a statement was made only, each part of the above cannot be viewed as perjury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. On September 28, 2016, the summary of the facts charged in the instant case is as follows: (a) the Defendant appeared and taken an oath as a witness of the violation of the Act on the Control of Narcotics, Etc. against Suwon District Court No. 404, Ansan District Court No. 404, Jun. 28, 2016, which was located in 73 U.S., Ansan-si, U.S. 720, J. 720; and (b) sold 20,000,000,000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00

“The testimony was made to the effect that it was “.”

However, the defendant was aware of the fact that the time when he sold philophones to C was about April 2015 and the fact that C was about April 2015 when he made a statement by the informant and the defendant's memory.

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

2) The lower court’s judgment: (a) how the Defendant visited C on May 17, 2016 when meeting the testimony stated in the instant facts charged, and how to sell phiphones when the Defendant stated the real philophone sales time and the informant’s statement.