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(영문) 인천지방법원 2018.07.06 2017노3767
모해위증교사
Text

The judgment of the court below is reversed.

Defendant

B A person shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant B does not have instigated a perjury to Defendant A.

Around September 2012, this broadcast that Defendant B was assaulted by Defendant B by Defendant B, first contacted Defendant B. From the end of 2012 to the end of 2013, that “A considered that D’s testimony was followed by I at the HF World (hereinafter “instant Games”) held in Seo-gu Incheon, Seo-gu, Incheon at the end of April 2014,” and that Defendant B attempted to have her testimony during the instant Games, and Defendant B called Defendant B to Defendant B on December 2014 and asked for testimony on the assault case that was observed in the instant Games, and did not interfered with this evidence.

B. On September 12, 2012, Defendant C heard the speech that he had been assaulted by B at a Sn restaurant on September 12, 2012, when he returned to the Republic of Korea, Defendant C called the attorney-at-law office staff working for the said Defendant, and provided consultation on this. However, according to the memory of the said Defendant, C only made a statement by failing to attend the said Snish meeting and did not make a false statement contrary to memory.

(c)

The judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

2. A prosecutor ex officio made an application for changes in indictment to the effect that the applicable provisions of the Criminal Act are amended to “Article 152(2) and (1), Article 31(1), and the proviso to Article 33 of the Criminal Act,” while maintaining the facts charged against Defendant B during the trial. This court permitted this and changed the subject of the trial.

Even if there are such reasons for reversal of authority, the Defendants’ assertion of misunderstanding of facts is still subject to deliberation. Thus, this is judged below.

3. Determination

A. The circumstances acknowledged by the evidence duly adopted and examined in Defendant B and the trial of the court below are acknowledged by these evidence.

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