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(영문) 춘천지방법원 원주지원 2016.05.31 2015고단1018
모해위증
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant appeared as a witness of the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. (Defamation) against the above court 2014, 1083, 2014, and 1083, 2014.

When the defendant gives testimony that he is D, the defendant's "E" clothes, which the defendant's operation, are recognized as having d clothes, and is likely to be acquitted for C, so the defendant's false testimony contrary to memory for the purpose of making C unfavorable to C in the above case.

On September 19, 2014, the Defendant “A witness shall be required to authorize D new Dos” in the above court.

The question of the prosecutor’s “I not.”

Due to customers, I have given a few guidances.

It is necessary to give testimony as "the purpose of the written complaint of a witness is that the witness was not a Dson."

“I did not have any example, D, but have given several answers to the questions of the defense counsel.”

“The testimony was made.”

However, the defendant was a DNA member at the time of his testimony.

As a result, the defendant made a false statement with the intent to harm the defendant C, who is the defendant, in relation to the above criminal case.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, F, G, H and I;

1. Protocols of examination of the witness to A ( those prepared in criminal cases againstC);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 152 (2) of the Criminal Act applicable to the facts constituting an offense;

1. Whether the Defendant made a false statement on the issue of Article 62(1) of the Criminal Act, or whether the Defendant and the defense counsel’s assertion are not D, and thus, the Defendant did not make a false statement in the court.

Judgment

Taking into account the following circumstances admitted by the evidence of the judgment, the Defendant was a DNA member at the time of testimony in a criminal case against C.

The decision is judged.

(1) The offense of defamation shall be committed against C.

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