beta
(영문) 창원지방법원 통영지원 2014.01.23 2013고정507

위증

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 16:30 on May 2, 2013, the Defendant appeared in the court of Changwon District Court No. 206, 2013, 201, and testified as a witness of the injury case against C at the above court No. 2013, 2013, 2013.

The Defendant responded to the question “for example,” “from the moment when four persons, including the Defendant C, who entered the house, have continued to look at the outside of the house during the moment when they enter the house,” and answer to the question “for example, whether there was no physical contact between the two persons at all at the end,” of the prosecutor’s “for example, there was no physical contact from the witness.”

However, in fact, at around 15:00 on September 2, 2012, C used assaulting D to demand the return of FJs public fund passbook at the end of the house of C located in Gyeongnam-gun, Gyeongnam-gun, and during the time of vision, D caused injury that requires D to provide approximately 14 days of treatment.

Nevertheless, as seen above, the Defendant appeared to have observed all the pages of vision C and D, and made a false statement contrary to memory to the purport that there was no physical contact between C and D.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Copy of each protocol of trial (in cases of investigation records, pages 273, 296), and copy of each protocol of examination of a witness (in cases of investigation records, pages 276, 298, 305, 309, 313);

1. A copy of each protocol concerning the examination of suspect C;

1. A copy of each police statement made to D or G;

1. A copy of the petition (in case of an investigative record No. 11);

1. A copy of the report on investigation (in page 184 of the investigation record), and the application of Acts and subordinate statutes reporting accompanying the decisions;

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel regarding the argument of Article 334(1) of the Criminal Procedure Act regarding provisional payment order.