beta
(영문) 대구지방법원 2017.09.15 2017노1161

위증교사

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The I and the J stated to the effect that “the perjury was presented upon request of the defendant” in the telephone conversation with the prosecution investigator, but after then I reversed I’s statement that he did not receive the perjury. The J changed the statement to the effect that I was not well aware of the fact that I was in receipt of the perjury from the defendant. However, I changed the statement to the effect that I was not well aware of the fact that I was in receipt of the perjury. < Amended by Presidential Decree No. 17758, Feb. 1, 2007; Presidential Decree No. 17588, Mar. 3, 2008>

In light of the fact that it is difficult to see that the first statement before the commencement of an investigation into a charge of perjury of the defendant's perjury is more reliable, and the first statement is obviously reliable, but the court below acquitted the defendant on a different premise, which affected the conclusion of the judgment by misunderstanding the facts.

2. The only recording of the currency of I and J as evidence corresponding to the facts charged in the instant case is recorded with each investigator. According to the records, I and J have made a statement to the effect that I had presented perjury upon request of the Defendant on the recording of the currency with each investigator. However, as the court below explained, there is considerable doubt about the credibility of the statement as stated in the reasoning of the court below, and other evidence presented by the prosecutor alone, which led the Defendant to give testimony at the request of the testimony of I, as stated in the court below, and furthermore, there is no reasonable doubt about the facts charged in the instant case that the Defendant had instigated the Defendant to give testimony at the request of the testimony.

It is insufficient to view it, and there is no other evidence to prove it.

In addition, there is no other new evidence that can support the fact that the prosecutor claims on the grounds of appeal in the trial.

Therefore, the prosecutor's assertion of mistake is rejected.

3...