(영문) 부산지방법원 2019.01.09 2018고단4235

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.01.09 2018고단4235

위증

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The gist of the facts charged is that the Defendant is a member of the Company as a junior college B’s junior college.

around 15:00 on August 28, 2017, the Defendant appeared as a witness of the Defendant in Busan District Court 355, which was located in Busan District Court 31, the Busan District Court 2017Kadan2453, and took an oath.

① The Defendant stated that the Defendant stated that “The Defendant (B) was able to use the Victim’s Madem C, the Victim’s male-gu of the Victim’s and the Victim’s Madem Madem C, which is suitable for the Victim’s Madem Madem.” The Defendant stated that “The Defendant (B) did not see the Victim’s Madem Madem Madem with his left arms,” and “e.g., the Defendant’s statement.”

However, at around 03:55 on October 30, 2016, the above facts: (a) reported the victim F with the victim F with the front crosswalk D located in Busan, Busan, and (b) took the direction towards F to her own, and (c) the Defendant appeared thereafter.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. Determination

A. According to the evidence of this case, the following facts are acknowledged: (a) the Defendant testified as stated in the summary of the facts charged in the above case; (b) the Defendant was sentenced to a two-year suspended sentence in the above criminal case on November 13, 2017 (the Defendant’s testimony was found guilty of “B committed an indecent act against the victim due to the victim’s sensing of the victim” different from the Defendant’s testimony); and (c) the fact that the judgment on B became final and conclusive around that time.

B. However, the above facts alone are insufficient to recognize that the Defendant intentionally made a false statement contrary to memory, and it is insufficient to view that the Defendant had the intention of perjury even when comprehensively considering all the evidence submitted by the prosecutor.

3. According to the conclusion, the facts charged in the instant case constitute a case where there is no proof of crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the defendant is made pursuant

참조조문

-형법 제58조 제2항

-형사소송법 제325조

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