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(영문) 부산고등법원 2016.12.21 2016노666
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The defendant shall not have made a false testimony contrary to his memory.

2. The Defendant denies the instant facts charged from the investigative agency to the trial of the case, and the lower court determined that according to the judgment on C and the record of interview between the Defendant and C, the Defendant could sufficiently recognize the facts alleged as stated in the facts constituting the offense in the lower judgment.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s determination is just and acceptable, and it cannot be deemed that there was any error as alleged by the Defendant.

Therefore, the defendant's assertion is without merit.

① On November 13, 2015, at the time C was admitted to the Busan detention center, the Defendant responded to C’s interview with C on November 13, 2015, to the effect that C was in the house under several white meters away from the time C asked C as “I was in the vicinity of C restaurant,” and that C asked “I was in the vicinity of 10 meters.”

(Evidence Records 275 to 277). According to the above dialogue between the Defendant and C, the Defendant: (a) at the time C was set up on the front of the J cafeteria, the Defendant did not regard C’s vehicle as taking the drug inside the train; or (b) did not seem to have any fact of dividing C’s dialogue with C.

② As seen above, C appears to have been involved in an accident immediately before putting up a vehicle on the Jcafeteria road and the road outer wall. M who observed the said accident was able to open a door to the said vehicle after the occurrence of the accident, and the Defendant appears to have been able to have been able to bring the Defendant out of the said vehicle (Evidence No. 54 of the evidence record), and M was able to have been able to have been able to bring the Defendant out of the said vehicle (Evidence No. 54 of the evidence record).

(Evidence Records 51 pages).

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