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(영문) 부산지방법원 2013.11.28 2013노2419
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since there is no fact that misunderstanding of facts B expressed a desire to C, the Defendant did not give a perjury, the lower court, which recognized perjury on a different premise, erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances, i.e., that B was sentenced to a fine of 500,000 won due to the offense of insult against C and the judgment became final and conclusive, the Defendant was investigated by the prosecution by the perjury, and the Defendant stated in the court of original instance that “B was able to take a bath against B” in response to B’s two desire, and that “B was punished for this reason even though it was too much,” in the court of original instance, it is sufficiently recognized that the Defendant was guilty in the insult case of B, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. The Defendant made a testimony on the assertion of unfair sentencing with B due to friendly relations with B, and merely appears to have made a testimony without seriously considering the fact that B is subject to criminal punishment with minor costs with C, despite the Defendant’s perjury, B was convicted of having been sentenced to a fine of KRW 50,000,00 as he was found guilty. Notwithstanding the Defendant’s perjury, the fact that the Defendant’s perjury seems to have not affected the conclusion of the judgment is likely to interfere with the proper exercise of the State’s judicial power, thereby impairing the people’s trust in judicial and trial, and creating unnecessary litigation and judicial costs, etc., which are highly harmful to the State and society, and the Defendant denies and does not oppose the crime up to the trial.

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