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(영문) 춘천지방법원 속초지원 2017.11.22 2017고단228
위증
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 29, 2017, the Defendant appeared as a witness of the special injury case against C of 2016 high group 389 high group of the above court and took an oath, and issued false statements to the effect that C was not subject to violence by C, and that he was able to commit an act of self-harm by committing an act of self-harm against C, such as having the head of the Defendant due to his illness, even though C was injured by his own illness, and that C was able to commit an act of self-harm.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of Part I of the Criminal Investigation Report (Attachment of Litigation Record in the case of 2016 High Court Order 389), protocol of public trial (1 and twice), protocol of three examinations of witnesses, protocol of three examinations of witnesses, protocol of recording of witnesses (A), protocol of investigation report (Attachment of C Ruling), and text of judgment;

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153 and 55 (1) 6 of the Criminal Act to mitigate confessions;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime is that it damages the judicial function of the State by making it difficult to discover the substantive truth of the court, and its nature is not very good.

However, in conclusion, the sentencing conditions such as the defendant's age, sex, environment, circumstances of crime, means and result, etc. shall be determined as ordered in consideration of the fact that the defendant's perjury did not affect the conclusion of the case on the merits, the defendant's perjury did not have any previous convictions, the defendant's age, sex, environment, circumstances of crime, means and results, etc.

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