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(영문) 서울북부지방법원 2017.07.14 2016노2451
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant's testimony of the gist of the grounds for appeal is based on a false statement contrary to the defendant's memory, since he/she testified in a classroom as a person attending the meeting, such as L and F, in which he/she is in the classroom, and was in the classroom on the premise that he/she was aware of the content after being directly reported.

In addition, only one person has left the meeting on the day of the meeting.

", after completing a meeting on January 2, 2014, L, M, and N have come to meals with some parents.

The testimony of the Defendant, “,” is against objective facts, and the Defendant stated the facts from F as if they were directly reported, so the testimony of the Defendant is clear that the testimony of the Defendant goes against memory.

2. Comprehensively taking account of all the circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court in light of the legal doctrine as to the establishment of perjury cited in the reasoning of the lower judgment, it is insufficient to readily conclude that each of the Defendant’s testimony was a false statement contrary to the Defendant’s memory, and there is no other evidence to acknowledge it.

We affirm the judgment of the court below that the facts charged in this case constitute a case where there is no proof of crime.

We do not accept the prosecutor's assertion of mistake.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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