2017 Highest 1013

A (92 - 1) - University students

Park Gyeong ( Indictment) (Public Trial) and Gangwon (Public Trial)

Attorney Manified (Korean National Assembly Line)

July 5, 2017

A defendant shall be punished by imprisonment for not less than eight months.

Criminal Facts

On December 17, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint threat) at the Incheon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (joint threat), and was released on January 30, 2015 during the execution of the sentence, and the parole period expired on April 26, 2015.

1. Part of the perjury for B

On February 2, 2016, the Defendant, while under the influence of alcohol, was tried on the part of Defendant C with locked’s chest and scarb, and was indecently committed by committing an indecent act, with C’s chest and scarb at his own expense. The Defendant, along with the foregoing, had the Defendant attend the drinking B as a witness of the trial and had the Defendant make a false testimony.

On October 2016, the Defendant sent testimony to the effect that “B became aware of the water source on the chest of C” to the head of the public health clinic located in the Seo-gu Incheon, Seo-gu, Incheon. On October 10, 2016, the Defendant sent B testimony to the effect that “B became aware of the water source on the chest of C.” On October 26, 2016: around 00, at the Incheon District Court No. 412 located in Nam-gu, Incheon District Court No. 412 of the Incheon District Court, No. 2016Da591 of the Child and Juvenile Protection Act, etc., the Defendant appeared as a witness and took an oath against the Defendant, such as violation of the said Act on the Protection of Children and Juveniles against Sexual Abuse (quasi indecent act), and had D from the presiding judge of the 14 criminal department of the above court, who was a witness of the trial, testified that “B was aware of the water source on the breast of C.”

In fact, "A was under the influence of alcohol", "A was under the influence of alcohol," and "A was aware of the fact."

Accordingly, the defendant caused B to make a false statement contrary to his memory, thereby instigating B with perjury.

2. Part of consolation teachers for E

On March 27, 2016, the Defendant, while under the influence of alcohol, had F undergo a trial due to an indecent act committed by F inf, with F’s entrance, and had F undergo a trial, and had F undergo a false testimony by attending F’s meeting as a witness of the above trial and having F undergo a trial.

On September 2016, the Defendant appeared as a witness of the case, such as violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-performance) against the Defendant at the Incheon District Court No. 412, on October 26, 2016, and taken an oath at the court near the above court where the Defendant tried to take an oath to the effect that “E is faced with F’s entry and drinking at the bar lying on the bar of the above public health clinic,” and asked E to take a testimony to the effect that “F’s entry and drinking will be faced with,” on the road of the above public health clinic, the Defendant met with, and caused E to take a witness of the case, such as the Defendant’s 2016 High Court Decision No. 412, Incheon District Court Decision No. 2016Da591, May 591, 201.

In fact, "A" is in line with F's entry, regardless of being drunk at the time of "A", and the defendant was also aware of such fact.

Accordingly, the defendant caused E to make a false statement contrary to his memory, thereby instigating E with perjury.

Summary of Evidence

1. The defendant's partial statement in court;

1. A protocol of examination of a part of the defendant by prosecution;

1. A physician (a quasi-decent act by compulsion) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 2016, 591 of the Incheon District Court;

(Recommendation) A copy of a prosecutor's office and police interrogation protocol of the defendant

1. A physician (a quasi-decent act by compulsion) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 2016, 591 of the Incheon District Court;

[Proposal] Copy of each prosecutor's protocol of examination of E and B

1. A physician (a quasi-decent act by compulsion) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 2016, 591 of the Incheon District Court;

[Recommendation] Copy of each prosecutor’s statement of H, I, and B

1. A copy of each statement of G and J;

1. A physician (a quasi-decent act by compulsion) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 2016, 591 of the Incheon District Court;

[Recommendation] Copies of each protocol of examination of witness in G, B, I, and E (part) and stenographic records (victim J)

A copy of any stenographic record, stenographic record (a copy of the statement made by the Victim K)

1. A copy of the investigation report (a confirmation of the contents of letters about the perjury sent by a suspect) and the attachment to the report;

each copy of each photograph

1. Previous convictions: Inquiry into criminal and investigation records materials, investigation reports (verification of the progress of trials), and the addition thereto;

Busan District Court Decision 2016Gohap591, 640, 665, 730 (Consolidation) all of the judgments of the case

Determination of the defendant and defense counsel's assertion on the premise of perjury for the victim C by indecent act

The defendant and his defense counsel asserted that although the defendant was under the influence of alcohol or by indecent act by compulsion, the defendant and his defense counsel stated that the defendant did not neglect the above testimony to the purport that "B, unlike the fact that he was adopted as a witness of the case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-Indecent Acts) by the Incheon District Court 2016 Man-Ma591, Incheon, the defendant and his defense counsel caused the defendant to talk with C's chest and caused the defendant to commit indecent act by compulsion."

The contents of the witness or witness statement in the process of the investigation and trial in the case of violation of the Child and Juvenile Protection Act of Incheon District Court No. 2016 high-scale 591 ( quasi-indecent act by compulsion), and the contents of the witness or witness statement made by B to the prosecution in the process of interrogation of the perjury case against himself/herself are as follows: (a) all of the defendant or C made a speech that "the defendant committed an indecent act by force by putting his/her chest part on the breast part or by using her finger," and thus, it is consistent with each other; (b) H, I, G, Incheon District Court No. 2016 high-scale 591 ( quasi-indecent act by compulsion) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) contrary to the objective facts in the process of investigation and trial on the above evidence against him/her, it is difficult to accept the credibility of the testimony and testimony of each of the defendant's testimony by the court below in light of the following reasons and reasons.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Each of the provisions of Articles 152(1) and 31(1) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 (Violation of Punishment of Violences, etc. at First Head of Crimes and Judgment in the Criminal Act (Joint Bribery)

Between e.g.

1. Statutory mitigation;

Articles 153 and 55 (1) 3 of the Criminal Act (as to the crime No. 2 of the judgment, confession has been made)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The defendant has no criminal history of the same kind, and substantial part of the crime of perjury has been led to his confession, and then his mistake has been repented later, and there is no extenuating circumstance to consider the defendant, such as the defendant should look at his parents with disability.

However, the Defendant, even during the period of repeated act due to the first head’s criminal record of the judgment, was at the risk of being subject to criminal punishment due to the act of indecent act by force of the minor, reduced the sentence to be sentenced to him, and led the witness who testified in his own case to commit the instant crime. The motive of the instant crime, the Defendant attempted to escape the State’s legitimate penal authority, and the police and prosecutor’s office in the instant case against the Act on the Protection of Children and Juveniles from Sexual Abuse, led the Defendant led to the confession of his quasi indecent act by force at the police and prosecutor’s office of the instant case (quasi indecent act by force). While denying the crime of quasi indecent act by force once at the trial stage of the instant case, the nature of the instant crime is very poor in light of the background of the instant crime, details of the crime, etc., and according to the aforementioned evidence, it is not good that the Defendant continued to commit the instant indecent act by force, etc. at the stage of investigation and trial as a substitute for the instant evidence.

Therefore, in light of all the above circumstances, the sentence was determined as above, taking into account all the circumstances, such as the Defendant’s age, character and conduct, environment, and family relationship.

Judges Lee In-bok