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(영문) 부산고등법원 2014.11.26 2014노455
위증
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

Defendant

A and.

Reasons

1. The court below found Defendant A not guilty of part of the facts charged, which is related to a single comprehensive crime, and found Defendant A guilty of the remainder of the facts charged.

The defendant A and the prosecutor appealed against the guilty part of the judgment of the court below, and the prosecutor did not appeal the acquittal part of the reasons. Therefore, the acquittal part of the reasons is also judged by the principle of no appeal based on the principle of no appeal. However, the part is already excluded from the object of the attack and defense by the parties.

Therefore, the judgment of the court below on the acquittal of the reasons is based on the conclusion of the judgment of the court below, and the reasons for the judgment are not stated separately.

2. Summary of grounds for appeal;

A. The Prosecutor (as to Defendant A)’s sentence (as to a fine of 5 million won) is too unhued and unfair.

B. Defendant A1) Although there was no false testimony contrary to the rule of experience that the defendant made a false testimony against his memory, the court below convicted him of the facts constituting the crime in the judgment of the court below based on the F, H, and J’s statement which is contrary to the rule of experience, there is an error of law by misunderstanding the facts or by violating the rules of evidence, which affected the conclusion of

C. Defendant B’s imprisonment (two years of imprisonment) is too unreasonable.

3. Determination

A. The lower court’s determination on Defendant A’s assertion of mistake of facts reveals that ① F, H, and J made a statement to the effect that E in a criminal case against E or in this case brought about a threat, such as putting him/her away from the F while driving away from the F, ② G gives him/her a statement to the effect that E in a criminal case against E or in this case, E, while driving away from the F, and (3) E is subject to investigation by the police due to the suspected fact that he/she threatened him/her with the foregoing and threatened him/her.

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