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(영문) 광주지방법원 2018.09.04 2018노683
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) D, along with C, Defendant (C’s wife), and F, was forced by C to commit an indecent act on September 2015 on the Defendant’s home rooftop, which provided meals at C’s home with C, Defendant (C’s wife), and F.

was stated.

However, since September 11, 2015, the Defendant served as sales clerks at N department stores, and C was 12 days off September 201, 2015, and thus, around September 2015, there was no meal service with D, C, F, and Defendant 4.

On August 8, 2015, the day when one of the above four persons took meals at C's friendship house, as well as D on the defendant's house rooftop at the time of August 8, 2015, which is the break day of C.

After all, the testimony of the defendant that there is no enemy that there was on the rooftop between D and C around September 2015 is not a false statement contrary to memory.

2. Determination

A. The key issue of this case is whether the defendant's testimony that the defendant was in a situation where the defendant could witness C's act at the time on the rooftop, together with D, was in a situation where the defendant could witness C's act at the time on the rooftop when two people were visiting the house of the defendant and C, and entered the rooftop with C, and there was dispute as to whether C's forced indecent act was committed on the rooftop.

D, F, C, and Defendant Husband and wife met meals at a restaurant operated by C on September 2015, 2015, and during returning home, F returned to the house, and D only the Defendant and C were called the house of the husband and wife. D and C were immediately going to the rooftop from the entrance, and the Defendant was found to have entered the house immediately without going to the rooftop.

On August 1, 2015, when the defendant was coming to move to the defendant's house at the defendant's house, C went to the rooftop immediately after C returned to the house, and the defendant and D also went to the rooftop, and D was forced to commit an indecent act.

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