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(영문) 대전지방법원 2013.10.30 2013노1160
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenario) was aware of the Defendant’s testimony at the time of the testimony of this case only on the day on which the prosecutor’s inquiry was made on February 18, 201, which was the date of the occurrence of the case, and thus, even if the Defendant made a false statement, it was merely a little error on the Defendant’s memory with the lapse of a long time since the date of the occurrence of the case, and there was no intention to testify against the Defendant’s memory, and thus, there was no intention to testify against the Defendant’s memory, and thus, the lower court, which recognized the perjury as a perjury,

2. If the testimony made by a witness after taking an oath is proved to be well aware of the content of his/her testimony even though he/she did not know of it, he/she is guilty of perjury as he/she is a statement contrary to his/her memory (see, e.g., Supreme Court Decision 86Do57, Sept. 9, 1986). In cases where the testimony of a witness in perjury is found to be a false statement contrary to his/her memory, the whole testimony during the relevant interrogation procedure should be identified as one of the whole instead of the simple composition of his/her testimony, and where the meaning of the testimony in question is unclear or it can be understood as unclear in itself, the meaning and usage of language, the context before and after the testimony in question, the purport of the examination, the circumstances during which the testimony was made, etc. shall be determined after clarifying the meaning of the testimony in question, taking into account the following factors:

(see, e.g., Supreme Court Decision 2005Do9590, Sept. 20, 2007). The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, are ① the boiler installed to C in which the defendant operated E-Sa, but C did not pay the price, and the dispute over the recovery of boiler occurred between the defendant and C and D.

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