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(영문) 서울남부지방법원 2013.12.04 2013고단3848
위증교사
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was prosecuted and tried for the crime of injury by Seoul Southern District Court 2013Ma2293 on July 24, 2013. On October 15, 2013, the Defendant sent K for female-friendly job offers to the Yangcheon-gu Seoul Metropolitan Government R with the testimony that he/she was not at the time of leaving the court and left the person, so he/she will be free from the testimony so that he/she may give up for the perjury.

Therefore, at the court of Law No. 304 located in Yangcheon-gu Seoul Metropolitan Government, New District Court 16:00 on October 2, 2013, K appeared as a witness for the injury of the above accused and received the notification of the right to refuse to take an oath, and thereafter, K testified that the defendant's defense counsel "B is going to walk away from the above four persons and walk behind" and "B is going to walk again, but the right to turn to the left, and 3 and one person were scattered near the south side market. Three persons were at risk to go to the south side, and reported. Thus, the witness goes to the near the south side market, and the witness went to the near one, and the witness was asked about how he became a witness."

However, the facts showed that the defendant driving away from A, and K observed that the defendant followed the defendant, but he was instigated by the defendant as above.

Accordingly, the defendant had K make a false statement contrary to his memory and abetted K to give perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a protocol of examination of witness to the K of the Seoul Southern District Court 2013 Height293 case; and

1. Application of Acts and subordinate statutes to the interrogation protocol of the prosecution to K;

1. Articles 152 (1) and 31 of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 153 of the Criminal Act for mitigation of confessions [Special Mitigation Measures] Confession [Scope of Recommendation] The area of mitigation among perjury, 1 month of imprisonment with prison labor - 10 months (decision of sentence].

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