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(영문) 부산지방법원 2018.09.13 2018노1700
위증
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant, as indicated in the facts charged, was present at the Busan District Court 2016 High Court 2884 Da, as a witness of the injury case against E, and made a false statement contrary to memory, and there was no perjury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. As indicated in the facts charged, Defendant B was present at the Busan District Court 2016 High Court 2884 High Court 2884 D as a witness of the injury case, and made a false statement contrary to memory, and there was no perjury.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

(c)

The punishment sentenced by the court below (the defendants: the fine of two million won for each of the defendants) is too unhued and unjust.

2. Judgment on the Defendants’ assertion of mistake of facts

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendants’ false statements against their memory in the relevant criminal case can be acknowledged.

(1) In a related criminal case, E consistently testified and testified that “I would complete a meeting, carried with two descendants, flabbbling in bat, and satch in the process of sating”, “I am even satch in the face,” and had been at the site of the case.

H consistently testified and testified that “D’s d’s dubling and schering off the e.g.,” and there is no motive for H to make a false testimony against D in the management ledger.

② In Busan District Court 2016 High Court 2884, Busan High Court convicted D, and even in Busan District Court 2017No 304, the testimony of E and H was accepted and sentenced to conviction. The above judgment was Supreme Court Decision 2017Do13721 Decided October 20, 2017.

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