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(영문) 서울서부지방법원 2012.12.18 2012노819
위증교사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant did not have committed a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) on the ground that Defendant: (a) was committed to G at a beauty room operated by Defendant D; (b) there was no promise to provide the eyebrow surgery to G as a witness; (c) it was regulated that she provided the eyebrow surgery to G who tried to perform the DNA work; and (d) at the time, he did not have any medical aid for the surgery necessary for the eyebrow surgery; and (e) there was no fact that Defendant committed a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers). Therefore, D was present at the Seoul Western District Court case (hereinafter, Seoul Western District Court Decision 2010dan933 (Unlawful Medical Service Providers; and hereinafter, Defendant’s prior criminal case) and testified to this effect

Therefore, the defendant did not interfere with the above evidence to D, and ② the defendant was present at the Seoul Western District Court case No. 2011Ma276 of the Seoul Western District Court (hereinafter referred to as "D's perjury case") about D, and the testimony does not constitute a perjury and was not notified of the right to refuse to testify at the time of testimony.

Even if the defendant is found guilty, the sentence of the court below (six months of imprisonment) against the defendant is too unreasonable considering the circumstances of the crime, criminal records, etc.

B. In light of the fact that the prosecutor did not seem to have the attitude of denying and opposing the defendant's criminal act, and the contents of the defendant's accusation against D were the key issues in which the defendant's prior criminal case was not guilty or not guilty, the sentence of the court below against the defendant is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. The following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below as to the perjury, particularly D, G's investigative agencies and courts of the court below, the final judgment of D's perjury case and the final judgment of the defendant's prior criminal case, are as follows: ① the defendant.

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