Defendant

Malwons

Law Firm Gyeonggi, Attorney Park Jong-young

Suwon District Court Decision 2008Gohap3530 Decided September 17, 2008

A defendant shall be punished by imprisonment for not less than five months.

On December 14, 2007, the Defendant was sentenced to five years of imprisonment with prison labor at Seoul High Court due to death or injury, and the judgment became final and conclusive around that time.

At around 16:00 on April 16, 2008, the Defendant appeared and taken an oath at the court of Suwon-gu District Court 310 located in Suwon-gu, Suwon-si, Suwon-si, as a witness of the above case involving the injury inflicted on Nonindicted 2, 5, 6, and 7 of the above court.

The Defendant, the presiding judge of the 11 criminal department of the above court in the trial of the instant case, stated to the effect that “In around 06:0, May 12, 2007, the Defendant inflicted injury upon Nonindicted 11, who was the victim Nonindicted 4 at the front parking lot located in Suwon-ro 18, Suwon-si, Suwon-si. However, Nonindicted 2, 6, 7, and 8 did not have been at the scene of the crime. Nonindicted 2, 6, 7, and 8 did not appear at the scene of the crime. At around 03:00 on May 14, 207, at ○ High School located in Suwon-si, Suwon-si (hereinafter omitted), Nonindicted 3 did not have any relation with himself, Nonindicted 1, and Nonindicted 1, who did not have been at the scene of the crime.” However, the fact that Nonindicted 2, Nonindicted 6, 7, and 8 jointly inflicted injury on Nonindicted 3, 2007, which caused the victim’s death from the parking lot.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

1. The defendant's partial statement in the first trial record;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Copies of each protocol of trial (this Court 2007 High Court, Seoul High Court 2007No1972);

1. A copy of each protocol of examination of witness (non-indicted 12, 13, 9, 14, 8, the defendant, non-indicted 1, 15, and 16)

1. A copy of each judgment (this Court 2007 High Court, Seoul High Court 2007No1972);

1. Copy of each protocol concerning the examination of suspect by the prosecution against Nonindicted 2, 5, 6, and 7

1. A copy of each prosecutorial statement against Nonindicted 9 and the Defendant

1. Previous convictions in judgment: Copies of criminal records and waiver of right to appeal;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 152 (Selection of Imprisonment or Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

As perjury causes serious infringement upon the judicial action of the country, there is a need to strictly punish the perjury. In particular, the perjury of this case concerns the core contents of the case on the merits, and other factors indicated in the records of this case, the sentence should be determined by taking into account all the conditions of sentencing indicated in the records of this case.

1. Facts charged;

Around 16:00 on April 16, 2008, the Defendant appeared and taken an oath at the court of Suwon District Court 310 located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, as a witness of the above case involving Non-Indicted 2, 5, 64 (merged) and Non-Indicted 2, 5, 6, and 7.

Around 03:00 on May 14, 2007, the Defendant stated that Nonindicted 11, the presiding judge of the said court’s 11 criminal trial of the instant case, “ Nonindicted 3’s death and Nonindicted 2, 5, 6, and 7 in Suwon-si, Suwon-si (hereinafter omitted) were not related. Nonindicted 2, 5, 6, and 7 were in the manual rather than the scene of the crime at the time.” However, on May 14, 2007, the Defendant stated that Nonindicted 2, 5, 6, and 5 together with Nonindicted 2, 5, 6, and 5, etc., led to the death of the victim Nonindicted 3 at the ○ High School of ○○○ on May 14, 2007.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

2. Determination

In light of the Supreme Court Decisions 2009Do1151 Decided the instant case and Seoul High Court Decision 2008No1914 Decided the instant case, and other circumstances recognized by the records of the instant case, it is insufficient to recognize that all the evidence submitted by the prosecutor alone was joint with Nonindicted 2, 5, 6, and 7 as stated in the facts charged and caused the death of the victim Nonindicted 3 at ○○ High School at that time, and there is no other evidence to acknowledge otherwise.

3. Conclusion

Thus, the above facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as it is found guilty of perjury in the judgment that constitutes a single comprehensive crime, it shall not be

It is so decided as per Disposition for the above reasons.

Judge Choi Jong-il