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(영문) 부산지방법원 2014.05.29 2013노2772
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) around 09:50 on July 6, 201, the Defendant appeared and taken an oath as a witness of the Defendant’s Injury Case (hereinafter “Bodily Injury Case”) against the Busan District Court 201Da4644, and stated that “C did not have any physical contact between C and E” as his memory, but the Defendant was guilty on the ground that he made a false statement contrary to his memory and gave a false testimony contrary to his memory, and thus, the lower court erred by misapprehending the fact that he convicted the Defendant.

2. Comprehensively taking account of the following circumstances acknowledged by comprehensively taking account of the evidence duly admitted and investigated by the original court and the trial court, such as the witness M’s trial statement at the trial room and the result of viewing the cell phone image image from the cell phone image in the trial room, it is difficult to believe the Defendant’s defense that “C did not have assaulted E and did not have physical contact,” and the Defendant’s proof against his memory is sufficiently recognized in the case of injury to C.

① Although G, H, I, E, and J are somewhat certain parts in the investigative agency and the court of original instance in their detailed matters, such as the form of partial assault and the level of price impairment, C has relatively consistent and specificly stated the description of E, and therefore, each of the above statements is credibility.

② E submitted an injury diagnosis report to an investigation agency on the day of the injury. In particular, there is no circumstance to suspect the credibility of the above injury diagnosis report (the Defendant closed the business of the O’s member who issued the above injury diagnosis report). (3) On the other hand, C denied the charge of injury in the injury case, while she denied the charge of causing injury to E’s face in the injury case.

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