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(영문) 대전지방법원 공주지원 2018.05.04 2017고단355
위증
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2012, the Defendant appeared as a witness of the claim for payment of construction cost under 491, the above court 2012, as a witness of the case (Plaintiff C and Defendant D) at the Daejeon District Court’s Gong15:00 on December 5, 2012.

After that, the Defendant entered into a contract with the witness and the Plaintiff for the creation of the good farmland in this case on behalf of the E Company

“I have been against the Defendant”’s questioning by the Plaintiff’s agent

1.3 1.3 1.3 1. 2.3 2.

“To answer the question of the Plaintiff’s agent “for example” and “to supply to village residents free of charge the soil and sand caused by the construction for the purpose of civil petition in the community from the village residents, subject to the said permission.”

Republic of Korea Austria도요

I answer to the question of the Plaintiff’s agent’s “for example,” and continue to answer the question of the Plaintiff’s agent’s “I have received the consideration from the village residents who made the request for the transportation and attachment of the above Saturdays.”

“The answer was made.”

However, the above testimony was false because the defendant had entered into a contract with D, not D, but D's agent F at the time, and had not been D in the place of entering into a contract, and was paid by local residents who had been discussed.

In this respect, the defendant made a false statement as a witness, and perjury.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against D;

1. Protocol of pleading (The Daejeon District Court Branch 2012 Gohap 491 Witness A);

1. Application of Acts and subordinate statutes of each written confirmation;

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of Recommendation] Type 1 (Perjury) (In six months to one year and six months) in the basic area / [decision of sentence] perjury is serious to make it difficult for a judge to find substantial truth and realize justice.

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