logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.06.05 2018고단3905
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

At around 17:00 on April 17, 2018, the Defendant appeared and taken an oath in Busan District Court Decision 354, the Busan District Court Decision 2017No4213, the mother of the Defendant, as a witness of the above court of the case No. 2017No4213, the Defendant testified that “I would like to be asked by B’s defense counsel that “I would like to be asked by the Defendant (B during walking. I would like to go forward. I would like to go forward. I would like to go forward. I would like to go forward the direction. I would like to go forward. I would like to go forward. I would like to say, from the prosecutor, that “I would like to be asked by all witnesses without any omission of all circumstances that the Defendant (B) did not have committed any assault against C.”

However, there was a fact that B had been witnessed two times of assaulting the side and the left part of the body under the eye of C with debt.

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

Summary of Evidence

1. Legal statement of witness C and D;

1. Each judgment;

1. The protocol of examination of the witness and the record of examination of the witness against the accused;

1. Diagnosis and treatment sets;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Perjury is to make it difficult to discover substantial truth in the criminal procedure, and it is not good to form a crime itself, and the defendant does not reflect his/her wrongness even during the public trial: circumstances favorable to the defendant: The defendant does not have the same kind of force or heavy penal power, as well as punishment twice as punishment was imposed by a fine for this type of crime; the original case was not a serious case due to an assault of a fine of KRW 700,000,00, and the perjury did not affect the result of the case; the sentencing factor has determined the sentence as ordered by taking into account the various circumstances, such as the defendant's age, character and conduct

arrow