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(영문) 대구지방법원 2018.11.15 2018노3157
위증
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant appeared as a witness in the trial of the case, such as fraud, etc., on May 16, 2018, and testified by false testimony. On May 29, 2018, the prosecutor’s investigation of this case led to the confession of all of his perjury (see, e.g., evidence record 385 pages), and at the time, prior to the final and conclusive judgment of the case, B’s fraud, etc. (see, e.g., evidence record 411 pages), there exists a reason for the Defendant to be a requisite mitigation or exemption under Article

Nevertheless, the judgment of the court below is not subject to legal mitigation or exemption due to the confession of the defendant, so the judgment of the court below cannot be maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Inasmuch as the judgment which was used again is identical to the facts constituting a crime and the summary of evidence recognized by the court, the summary of the facts constituting a crime and the summary of evidence is identical to each of the corresponding columns of each judgment of the court below, it shall be quoted as it is in accordance with

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153 and 55 (1) 6 of the Criminal Act to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is an offense that undermines the appropriate exercise of jurisdiction and the discovery of substantial truth, which is a national judicial power, and the fact that the nature of the offense is serious, etc. is disadvantageous. However, it does not affect the conclusion of the case B, that the defendant’s perjury does not affect the conclusion of the case, and that the defendant’s perjury does not have the same power.

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