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(영문) 부산지방법원 2015.04.09 2014고단9429

위증

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 July 25, 2014, the Defendant was sentenced to three years of imprisonment and four years of suspended execution for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Ulsan District Court on the Special Cases concerning the Punishment, etc. of Sexual Crimes, and the judgment became final and conclusive on November 21, 2014.

At around 24:00 on December 24, 2013, the Defendant immediately testified in the E dormitory toilets located in Ulsan-gun, Ulsan-gun, with a deadly weapon knife knife knife knife knife knife knife knife knife knife knife, thereby threatening F.

Nevertheless, on July 9, 2014, the Defendant was prosecuted against the Busan District Court for violating the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.) and was tried for trial, etc., and had C make a false testimony in order to avoid serious punishment.

At around 14:00 on October 23, 2014, the Defendant testified to the effect that “A witness (the Defendant) was not able to see the fact that the Defendant (C) appeared and taken an oath at the Busan District Court 353, which was located in the Busan District Court 31, the Busan District Court, as a witness of the Defendant’s case (hereinafter “C”) such as the crime of violation of the Punishment of Violence, etc. Act (collective, Deadly Weapons, etc.) against C, and testified after he appeared and took an oath.”

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Copy of the protocol of examination of witness (No. 20);

1. The investigation report (No. 23 No.);

1. Before holding: Application of Acts and subordinate statutes of criminal history records, investigation reports (No. 29);

1. Article 152 (1) of the Criminal Act applicable to the crimes;

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. The defendant continued to deny the crime despite the fact that he/she made a false testimony against his/her memory as a result of the investigation of the reason for sentencing under Article 62-2 of the Social Service Order Act.