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(영문) 서울서부지방법원 2013.07.04 2013노296
위증
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The judgment of the court below which found Defendant A guilty of the facts charged in this case against the above Defendant was erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.

Defendant

The court below found the defendant B guilty of the facts charged in this case since the testimony was long time before the testimony in the court, but there was no false statement contrary to memory, but there was an error of misunderstanding of facts in the judgment of the court below which found the defendant B guilty.

Defendant

C1) In addition to the fact-finding that Defendant C did not wish to K as stated in the judgment of the court below, the court below found Defendant A and B guilty of the facts charged in this case on the ground that there was no misunderstanding of facts, and there was no misunderstanding of facts. 2) The sentence imposed by the court below on Defendant C (one hundred months of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

Judgment

1) Determination of the Defendants’ assertion of mistake of facts is based on the following circumstances acknowledged by the lower court and the first instance court, including Defendant A and B’s legal statement of the witness M, and the evidence duly adopted and examined by the lower court, and ① Defendant C, on November 12, 2010, on the job of Defendant B, N, andO, etc., and on the job of H (on the job of Defendant B, N, andO, for the reason that K would not leave the office of J, he will leave the office of J., he will leave the office of J., and “I will do so for a year without any ability. I will find why I will have a monthly frien.m.. going before. I will leave the tax invoice for the production of Non-Party A, N, andO on February 25, 2011. I will find all the money in the passbook.” ② Defendant C, around the same year, on March 12:30, 2011.

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