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(영문) 대구지방법원 2016.08.26 2016노808
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as described in the facts charged of this case, had filed a petition against D more than four years prior to the time of testimony, but the memory was not clear at the time of the testimony, and filed a petition against a number of taxi companies.

The testimony of this case was made by E to the effect that he filed a petition against D on the ground of a violation of the full management system, so E, who was not the defendant, filed a petition against D.

I think.

Accordingly, E made a complaint against D, and the defendant testified to the effect that he did not have filed a complaint, and does not make a false statement contrary to memory.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of fact, the Defendant argued to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s aforementioned assertion on the grounds that the judgment was based on the following circumstances as stated in the “a summary of evidence” column

Examining the above facts and judgments of the court below in comparison with records, it is proper that the court below found the defendant guilty of the facts charged of this case, and there is no error by misconception of facts as alleged in the grounds of appeal, which affected the conclusion of the judgment.

B. It does not seem that the Defendant’s false testimony of the judgment on the improper argument of sentencing has a significant impact on the trial outcome of the relevant criminal case.

However, perjury is an offense that interferes with the proper judicial function of the state and damages the people's trust in the judiciary and trial, and the corresponding punishment is required, and the defendant is against his fault until the trial is examined.

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