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(영문) 서울남부지방법원 2019.11.21 2018노1954
위증
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too uneased and unreasonable.

2. An ex officio determination prosecutor filed an application for permission to amend an amendment to the Bill of Indictment as stated in the facts constituting a crime as stated in the judgment below in the judgment below. Since this court permitted it, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after hearing.

[C] On April 10, 2018, the Defendant was present at the court of Seoul Southern District Court 409, the Seoul Southern District Court 386, which was located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as a witness and was notified of the right to refuse to take an oath as a witness and was notified of the right to refuse to take an oath.

In the above court, the Defendant testified to “C”’s inquiry of the defense counsel “C” before May 28, 2017, which was the date of this case or before this mold, when other women and women have entered D points, and testified to “C” and “C”’s inquiry of the counsel’s counsel that “I have conducted a complete multi-party identification check,” and “I have to confirm four persons at the time of the occurrence of the case at that time, and one of them was confirmed among men, and C was confirmed by being a person on the preceding day,” and the remaining two persons testified to “I have known that I had been on the same day.”

However, in fact, the defendant did not have any identification card inspection on all the daily activities including C before the enforcement date or before the enforcement date, and C and E from among those on the enforcement date.

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