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(영문) 대전지방법원 2014.05.22 2013노2930
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, it is recognized that the defendant was receiving insurance benefits from the Korea Workers' Compensation and Welfare Service by actively manipulating the traffic accident that occurred while in the course of performing his/her duties, and in an unlawful manner, it is difficult to believe that the defendant was recognized as an occupational accident by manipulating false evidence, and thus, it is difficult to say that the testimony was merely an opinion or misunderstanding or misunderstanding, and thus, there is a criminal intent of perjury. However, the judgment of the court below which acquitted the defendant of the facts charged,

2. Determination

A. The court below found the Defendant not guilty of the facts charged in this case on the ground that the Defendant’s answer that the testimony of the witness constitutes an occupational accident, even if there are some errors in legal evaluation or opinion, it is difficult to view that the Defendant’s answer constitutes a legal evaluation or mere opinion on the facts experienced by the witness, and ② the Defendant’s answer appears to have responded to the focus on whether it constitutes an occupational accident rather than receiving compensation, rather than the receipt of compensation, and it is difficult to view that the Defendant’s testimony was erroneous and stated in the examination of the defense counsel at the time of testimony, based on the legal principle that it is difficult to deem that there was an intentional perjury at the time of testimony.

B. The court below duly found the facts.

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