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(영문) 대구지방법원 2015.07.16 2015고단726
위증
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant appeared and taken an oath as a witness of the Defendant’s case in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. to the said court (Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) in a separate court of the Daegu District Court, Daegu-gu, Daegu-ro, 364 (Feldong), Daegu-ro 364 (Feldong).

The defendant testified to the presiding judge of the 8 Criminal Doctrine of the above court in the trial of the above case, "I do not know about the identity of the witness," and the prosecutor testified to "I do not know about the sexual organ of D which has been a guest at the time." The prosecutor testified to "I do not have any fact about the sexual organ of D" in the newspaper "I do not have any fact about the sexual organ of D which has been a customer at the time." The prosecutor testified to "N........." The prosecutor testified to "I do not have any fact about the witness raised with D?...................."

However, on August 16, 2014, the Defendant, at the top of the trade name, “F” in the Dong-gu, Daegu-si, the E-gu, Daegu-si, as of August 16, 2014, had the following facts: (a) the Defendant d and kis that had been a customer; and (b) the Defendant d’s sexual organ and self-defense with his hand.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Copies of the second trial records, copies of the examination records of witnesses D and for witnesses A, and copies of the examination records of witnesses in the Daegu District Court No. 2014 High Court Decision 5329;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Application of a copy of judgment;

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing [the scope of recommendation] under Article 62(1) of the Criminal Act [the grounds for sentencing] under Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] (the grounds for sentencing), the basic area (6 to 1 year and 6 months] (the special person for sentencing] (the decision of sentence] of the crime of this case obstructs the judicial function.

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