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(영문) 서울중앙지방법원 2015.08.13 2015노1200

위증

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was present as a witness of the instant case, such as the violation of the Act on the Protection, Use, etc. of Location Information against D (hereinafter “D”) by this Court Decision 2013Kadan2523, and asked D’s defense counsel for the following: “A witness is present at the guard room at the time of residing in F apartment, and there is no fact that D’s vehicle entry records and elevator CCTV recording records are confirmed at the time of residing in F apartment.”

Since the defendant did not confirm the access records of D's vehicle and CCTV afforestation records, the defendant's above testimony cannot be viewed as a false statement contrary to memory.

Even if the defendant confirmed CCTV recording, since the defendant did not have confirmed the access record of D's vehicle, he responded to a partial fraudulent meaning, so it cannot be readily concluded that the above testimony of the defendant is a false statement contrary to memory.

B. The prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles (not guilty part) by the prosecutor's defense counsel, the defendant respondeded to "I would like to answer the defendant's first time that "I would like to answer to the question of "I would like to ask questions" that I would like to say that I would have gone through a surgery on the part of a woman in the mountain where I would know that I would have come to know that I would have come to know that I would have gone to know that I would have gone to know about the fact that I would have gone to know that I would have ceased to be in charge of the management of the part of the fake 2 million won."

The key point of the above question is whether “the defendant has made a false statement to D while doing sexual intercourse with D without contact with D.”

However, the defendant did not communicate with D until the examination of the witness is completed, did not pre-explosion about the sex alcohol, and did not recognize that the defendant himself made a false statement to D.

Rather, it is true.