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The judgment below
I reverse this part of the second order.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
Reasons
Summary of Grounds for Appeal
It is difficult to view that the arrest of a flagrant offender against the Defendant was illegal, and even if so, the Defendant did not consider it as a matter, but erred in the arrest of a flagrant offender, and as such, the Defendant was aware of the flabing of C’s flab, and as such, the Defendant had a intention to commit a false criminal act.
If the defendant issued 500,000 won by requesting G or testimony, and as a result, G gives false testimony so that G is favorable to the defendant, the fact that the defendant requested G to give false testimony can be acknowledged.
Comprehensively taking account of the evidence duly admitted and examined by the court below as to the accusation, the following facts can be acknowledged:
① On November 14, 2011, the gist of the accusation submitted by the Defendant to the Anti-Corruption and Civil Rights Commission was stated that the arrest of a flagrant offender who was in a criminal case against the Defendant was first conducted by the police officer during the police patrol in the region, and the two males found fighting. However, during the trial, the arrest of a flagrant offender that the police officer was dispatched to the site after receiving 112 report is changed into the arrest of a flagrant offender, and thus, the investigation is demanded.
② The Defendant appeared at the Seoul Northern District Prosecutors’ Office to which the said civil petition was transferred by the Supreme Prosecutors’ Office via the Supreme Prosecutors’ Office, and stated to the effect that the police officer prepared to mislead him/her and C into punishing the flagrant offender.
③ Although the Defendant was not arrested as a flagrant offender at the site of the instant case, and a false letter of arrest of a flagrant offender was prepared even though he was not notified of the suspected fact, it was not written to request the police officer to punish him.
(4) The defendant shall be C at the Seoul Northern District Court on November 4, 2008.