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(영문) 부산지방법원 2018.11.29 2018노2962
위증교사
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In a special injury case involving misunderstanding of facts or misunderstanding of legal principles, the testimony that the defendant testified that he did not gather beer's disease at the time, or that he did not cause B to be beer's disease is inconsistent with the fact that B was not perjury, and the court below found the defendant guilty of the facts charged in this case even though he did not have instigated the defendant to do so, the court below erred by misunderstanding of facts or by misapprehending of legal principles.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On March 6, 2017, the summary of the facts charged in the instant case: (a) around 07:15 on March 6, 2017, the Defendant and B together performed alcohol in the D restaurant located in Busan-gu, Busan-gu; and (b) the Defendant, as a beer disease, had the head part of B at one time, which is a dangerous object, and had the face face part of B at one time and several times due to a main food, carried a dangerous object, such as shocking B’s right hand over at one cm, causing injury to B for treatment days; and (b) caused injury to B by treating the Defendant’s face part at one cm and tearing it.

Therefore, the Defendant was indicted of a special injury to B, and B was tried on March 28, 2017 with the Busan District Court on March 28, 2017 due to the Defendant’s injury to B, and the Defendant was under the suspension of execution, and the sentence of suspension of execution is likely to be invalidated because the Defendant committed a special injury with a heavy statutory penalty even during the suspension of execution.

“To make a false testimony to the effect that “......”

Accordingly, on September 6, 2017, the Defendant appeared to the court as a witness at the Franchi shop in front of the Busan East-gu E Center, Busan, and there is no fact that A incurred beer's disease.

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