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(영문) 수원지방법원 안양지원 2015.07.03 2014고단2020

위증교사

Text

A defendant shall be punished by imprisonment for not more than ten 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 April 24, 2014, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Music Industry Promotion Act in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on May 2, 2014.

On February 2, 2014, the Defendant asked D to testify to the effect that “D has been in the line with D and D’s house outside and having been in the line with D’s house, even though D had not been in the line with D’s singing room, the Defendant asked D to testify to the effect that “D had been in the line with D’s house outside and outside the line with the customer at the singing room.”

Therefore, on February 6, 2014, the above D appeared as a witness of the case of violation of the Music Industry Promotion Act against the Defendant No. 2013Kadan1507 of this Court in the court of Ansan-ro 212-ro, 702, the 2012-ro, the 702-ro, the Sinsan-si, the Gyeonggi-gu, the Gyeonggi-do, and made a false statement to the effect that “after the witness appeared in a singing room to be in the line with the customer and the witness, the witness has been in the line with the house of the witness.”

Accordingly, the defendant instigated the above D to give perjury as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Ansan Branch Court Decision 2013 High Court Decision 1507 High Court Decision and High Court Decision 2014 High Court Decision 628 High Court Decision;

1. Copy of the examination record of witness (Evidence records 129 pages);

1. Recording records;

1. Previous convictions: Criminal records, investigation reports (verification of the fixed date), and application of Acts and subordinate statutes of the judgment of the Suwon District Court which are 2013Kadan1507 shall apply;

1. Relevant Article of the Criminal Act and Articles 152 (1) and 31 (1) of the Criminal Act concerning the option of criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Since there are ex post concurrent crimes with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing guidelines are not applicable at the same time, there are ex post concurrent crimes.