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(영문) 서울동부지방법원 2015.11.13 2015노972
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is that the defendant abuseds the defendant by using breathing breaths of the defendant. Thus, the testimony that the defendant testified to the effect that he had the above facts is consistent with objective facts, and the defendant did not make a false statement against his memory

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant made a statement from C to the investigative agency that he was assaulted by means of bomb, etc., and the prosecutor indicted C as evidence of the above statement, etc., but the court of first instance found C not guilty on the ground that "the defendant who was investigated as a assault to C was later accused of C, and testified that F had no assault committed against C (Seoul Eastern District Court Decision 2013No1924, Seoul East Eastern District Court Decision 2014No1395)" was found guilty on the ground that the prosecutor appealed against the above judgment, but the judgment of dismissal became final and conclusive (Seoul East East East District Court Decision 2014No1395).

“A statement was made to the purport that it is difficult for F in a relationship with the Defendant to find out the circumstances where he was able to bear perjury punishment and make a false testimony; ③ while G was seeking to visit the dancing room next to the Defendant’s office in the court of original instance, one male and the Defendant and one male and the other male breath were present.

In light of the fact that “A” made a statement to the purport that he was present as a witness of the Defendant’s application only when the lower court reaches the lower court, and that it appears not to be revealed that there was any other witness in the above C’s criminal case or the investigation process of this case, and that F and C stated to the purport that G was unable to witness the fact that G was located at the present site, it is difficult to grant credibility to G statements.

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