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(영문) 대전지방법원 2014.02.12 2013노1951
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant continuously posted a letter that slanders the Defendant around the time of the instant case, and the Defendant, as the Defendant, has a need to not disclose the circumstances surrounding the Defendant’s recognition of the Defendant in order to secure evidence, resulting in the perjury of the instant case. In light of all the circumstances, such as the fact that C’s true statement in the appellate trial against C, punishment (a fine of KRW 300,000) imposed by the lower court is too unreasonable.

2. It is recognized that the Defendant, when committing the instant crime, was aware of the fact that there was no record of punishment for the same kind of crime, and that C reversed the false statement at the first instance court and testified as it was in the appellate trial of the case violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) against C.

However, the crime of this case was committed as a witness in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) against the Daejeon District Court Decision 2010Da12288, the defendant appeared as a witness in the case of violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. (Defamation) against the Daejeon District Court Decision 201Da1228, and the defendant made a false statement contrary to his memory in spite of the absence of access to the data with a third party by accessing the DKaf on the following Internet site. Such crime was committed in violation of the law of the country as it obstructs the court's reasonable exercise of judgment authority, which is a judicial action of the country, and impedes the court's deliberation for finding the truth, thereby hindering the court's deliberation for finding the truth and causing confusion and misjudgments in the judicial action of the country. The circumstance alleged by the defendant appears to be sufficiently considered by the court below. In full view of all the circumstances such as the defendant's age, character and environment, and circumstances leading to the crime

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