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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is true that the Defendant testified to the effect that “D sells phiphones to D” rather than C in the process of examination of the witness in the criminal trial against C, and contrary thereto, D and F’s statements are all false, but the lower court erred by misapprehending the fact that the lower court recognized perjury and thereby adversely affected the conclusion of the judgment.
2. Determination
A. On May 30, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the District Court of the Republic of Korea on May 30, 2008, and on January 11, 2011, the execution of the said punishment was completed.
The defendant from February 201 to February 2011, the same year.
4. Since the Defendant was convicted of having sold and delivered philophones over 13 occasions by the 29th day, on August 25, 201, the Defendant appealed two years after having been sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on August 25, 201, but the appeal was dismissed by the said court on November 24, 201, and the said judgment became final and conclusive on December 2, 2011.
C On March 201, 201, the Defendant recognized that there is no big difference in the sentence of the Defendant with respect to the part of selling philopon to D who sold philopon, and C considered that it may be exempted from punishment, and the Defendant had expressed a false testimony to the effect that the Defendant sold philopon to D.
On November 25, 2011, around 16:30 and December 16, 201, at around 14:30, the Defendant appeared as a witness of the violation of the Narcotics Control Act (favour) against the Incheon District Court No. 201Mo5357, Dec. 16, 201, and took an oath.
The defendant testified that "D purchased 0.8g of 0.8g of philopon from the defendant (C) he became aware of through the introduction of a witness," "I think it is false," and "I think it is appropriate for the witness to sell philopon from eac shop to D," and "D and drug transactions are made by the witness."