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(영문) 서울북부지방법원 2013.12.06 2013고단2188
위증
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 14:00 on June 14, 2013, the Defendant appeared at the court of Seoul Northern District Court No. 301 located in Dobong-gu Seoul, Dobong-gu, 626, as a witness of the above court’s cases, such as indecent act by force against C, and took an oath.

In fact, from March 2012 to around one year, the victim D of the instant case was continuously threatened by C in the process of having three sexual intercourses with C and the Defendant, such as “if you do not leave the house, you will not leave their children,” etc. In addition, the victim D inevitably responded to C’s demand in the situation of suppression by C, such as taking a knife with a knife at the home, and getting off the knife at the home, etc., and the Defendant was subject to assault by C, such as taking a knife at several times during the process of refusal of C’s demand, and taking a knife with knife, and taking the knife with knife at the hand.

Nevertheless, the Defendant stated, in the above court, that “the first C, D, and three sexual intercourses were forced, but thereafter, D had no coercion, and rather D actively responded to sexual intercourses,” and stated that “C does not use violence against the Defendant or have no frightness.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a copy of examination protocol;

1. Relevant Article 152 (1) of the Criminal Act and Selection of Punishments for Crimes. Article 152 (1) of the Criminal Act

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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