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(영문) 부산지방법원 2013.07.05 2013고단2183
모해위증
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant appeared and taken an oath as a witness of the defamation case against C in Busan District Court 2012DaMa2190, which was located in the Busan District Court's Dong-dong, Busan District Court.

On November 27, 2011, at least 12:00, the Defendant testified on the situation in which C had talked with the Defendant at D University 1’s corridor, and asked the lawyer’s “I am to be replaced by fraud” in the question of “I am to say, at the time, that there was no fact that the Defendant had talked about the fact that the Defendant had changed to E, although there was a little interest in the situation at the time,” and the lawyer asked “I am to the question of “I am to say that the Defendant had talked repeatedly that E was changed to that at the time, E was changed,” and “I am to the question of “I am a fraud,” “I am to the question of whether the Defendant had written the expression “the Defendant specifically changed to the fraud at the time,” and “I am to the question of whether the Defendant did not directly express that the Defendant was changed to the fraud at the time of the Defendant’s speech from the witness’s point of view.”

However, there was no fact that C at the time there was no fact that at the time C had replaced the Defendant with the fraudulent or the fraudulent means to E.

As a witness who has taken an oath under the law, the defendant made a false statement for the purpose of undermining the above C in criminal cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A complaint, each protocol of examination of a witness, each oath, an explanatory note about the notification of right to refuse to testify, or a judgment;

1. Application of Acts and subordinate statutes on recording;

1. Article 152 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel under Article 62-2 of the Criminal Act;

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