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(영문) 부산지방법원 2015.11.19 2015노2495
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant could not be seen as entering a funeral hall as a main place, it is merely a statement that C gave testimony at court while making a statement that C did not enter the main place. Thus, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court (a fine of 1.5 million won) is too unreasonable.

2. Determination

A. The lower court determined the assertion of mistake of facts, based on the evidence duly adopted and examined, recognized that “C entered the country,” “The Defendant was asked to verify whether C entered the country, and the Defendant was aware of the intent of the question, and the Defendant was given a statement contrary to his memory despite C’s knifeing the knife of the knife, and he responded to the prosecutor’s repeated question as to whether C did not have entered the country, at least the Defendant made a conclusive statement on the facts that C did not directly see or know.” The lower court’s determination based on the evidence duly adopted and investigated by the lower court was justifiable, and the Defendant’s assertion of mistake of facts is without merit.

B. The Defendant’s error in determining the assertion of unfair sentencing is recognized in regard to a part of the crime, the Defendant is placed in the situation where the Defendant will be subject to criminal punishment, and some of the circumstances may be taken into account, the Defendant’s perjury does not affect the outcome of the trial, and the primary offender is a crime that undermines the proper exercise of the judgment authority, which is the judicial action of the State, and the discovery of substantial truth.

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