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(영문) 서울중앙지방법원 2017.03.14 2016고정2291
국회에서의증언ㆍ감정등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has served as a legal agent of (State) D, a mobile part supplier (state).

1. On September 10, 2015, the Defendant received a written request for attendance of a witness under the name of the chairperson of the National Assembly (hereinafter referred to as the “Chairperson”) to attend the I meeting held in the headquarters H as of September 18, 2015 as a witness at the I meeting held in the Seoul Metropolitan Government Yeongdeungpo-gu Office as of September 18, 2015.

Nevertheless, the defendant did not appear as a witness without good cause.

2. On September 22, 2015, the Defendant received a written request for attendance of a witness under the name of the Chairman of the National Assembly Secretariat to attend as a witness to the inspection of the State administration of the National Assembly in 2015, which was scheduled at the same place as above, at the same place as above 1.1.3, and with respect to “G” through the Staff JJ, around October 6, 2015.

Nevertheless, the defendant did not appear as a witness without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the prosecution to K by the accuser;

1. A copy of a written request for attendance of each witness and a receipt;

1. Each copy of the I minutes of the inspection of state administration in 2015 and the written accusation against a witness of the inspection of state administration in 2015;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 12 (1) of the Act on Testimony, Appraisal, etc. before the National Assembly, as well as Article 12 of the same Act concerning facts constituting an offense, and the selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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