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(영문) 부산지방법원 2020.11.18 2020노646
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal (the factual error) can sufficiently recognize the fact that the defendant made a false statement contrary to his memory, as stated in the facts charged in the instant case.

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

2. The lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to readily conclude that the Defendant had a criminal intent for perjury, on the grounds that the Defendant’s testimony appears to have led to an individual view that part of F, the president of the G association (hereinafter “G association”) in light of the overall testimony, could not be deemed as having been involved in the consultation or involvement in damages compensation until he/she was duly entrusted with the legitimate authority to negotiate damages from the fishing village fraternity.

In addition, with respect to the facts charged (Article 1-2) No. 2019 high group 1014, the prosecutor acquitted the defendant on the ground that it is difficult to prove that the evidence submitted by the prosecutor alone that the defendant testified against memory even though the defendant dialogueed with P as stated in the facts charged, it is difficult to view that there was no reasonable doubt.

In addition to the following facts and circumstances found by the evidence duly adopted and examined by the court below, the judgment of the court below is justified and the prosecutor additionally submitted the evidence at the appellate court cannot be viewed otherwise.

Therefore, the prosecutor's argument of mistake is without merit.

In relation to the facts charged in Section 1-A of the lower court, according to the evidence submitted by the prosecutor, the Defendant appears as a witness in the case of this case and the Busan District Court Branch Branch 2015Gohap220, and the witness is the D Compensation Team leader.

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