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(영문) 수원지방법원 2014.02.20 2013노5609
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of the court below (the sentence of the defendant A: the sentence of the imprisonment of August; the defendant B; the suspended sentence of the imprisonment of June; the community service order of 120 hours) is too unreasonable.

2. Determination:

A. While the Defendants asserted that the Defendants were subject to intimidation from K andO to commit the instant crime, it is difficult to accept the Defendants in light of the following circumstances revealed by the records of the instant case.

① Examining the record of the instant case, there is no evidence supporting the Defendants’ assertion, except for the Defendants’ statements.

② On July 3, 2013, the probation officer A told Defendant A to the effect that “A is subject to intimidation to perjury from violence,” but this is nothing more than the content of Defendant A’s statement.

③ It is difficult to deem that there was intimidation against the Defendants solely on the basis of the fact that Defendant A’s resident registration, a certified copy or abstract of a resident registration and a certificate of seal imprint issued on May 8, 2013.

④ Although Defendant A did not directly threaten K on the wind that she is bound by another case, and the Defendant B, who promised to marry, threatened her by notifying her harm and injury, Defendant A at the time of detention, in light of the content of conversation (Evidence No. 1626 pages 16, 1626 page) in which K and Defendant B divided with an interview at the time of detention of Defendant A, it is difficult to accept such conversation.

⑤ Defendant A offered a bribe to F who was a police officer to delay an investigation into a criminal act committed by himself/herself, and thereafter, upon being detained on February 23, 2012 due to the above fraud, Defendant A provided a bribe to F on March 16, 2012, which was reported to the investigation agency, along with Defendant B, seems to have been aware of the fact that he/she provided a bribe to F on March 16, 2012.

(F) On the basis of the above information, the investigation into the bribery case No. 2012 High Court Order No. 2012 High Court Order No. 1265 was initiated. F as above.

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