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(영문) 광주지방법원 2017.01.10 2016노3537
모해위증등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) Defendant A committed an indecent act by force against J in fact.

Recognizing reliance and J only stated that they would make a statement as memory in the court, and did not aid or instigate G to commit perjury.

B) Defendant B only testified with the view to harming K on March 9, 2015, which was actually committed by J on March 9, 2015.

2) The sentence of the lower court (10 months of imprisonment with prison labor for Defendant A and two years of suspended execution with prison labor for Defendant B) is too unreasonable.

B. Prosecutor 1) Since the J’s investigation agency and the court of the original instance that received the misunderstanding of facts as the misunderstanding Defendants’ 1) testimony in G, K’s accusation and perjury are reliable, the part of innocence in the judgment below is sufficiently proven as follows.

A) Although the Defendants were well aware that J was not forced to commit an indecent act from G, the Defendants were forced to commit an indecent act by force from G.

In order to file a complaint, it has instigated not to file a complaint against G.

B) Although Defendant A was well aware that J was not raped by K, Defendant A had theJ raped from K.

In order to file a complaint, to instigate an accusation against K, and to attend the court on March 9, 2015 and to the effect that he/she was raped by intimidation from K on the day of the instant case.

The testimony that he testified that he had been aware that he had been aware of it, and the testimony that he had called J around May 2015 that he would give him a false testimony, thereby aiding and abetting K to give him a false testimony.

C) Defendant B was present at the court on March 9, 2015, and was subject to intimidation from K on the day of the instant case, and was raped by Defendant B.

The purpose of this paper was to criticize K with perjury.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court’s determination on Defendant A’s assertion of mistake of facts.

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