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(영문) 대구지방법원 2017.09.08 2017노1186
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged of this case, since there was no fact that the Defendant, by mistake of fact, inflicted injury upon C, making a false statement, and did not grant perjury. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The Defendant, by misapprehending the legal doctrine, denied the charge that he did not have committed the Defendant’s injury case No. 2015 and No. 2707, the Defendant appeared as a witness in the Daegu District Court No. 2015 High Court Decision 2015 High Court Decision 2383, and C took place as a witness in the case of injury.

As there is no possibility of testimony, punishment for perjury is a substantial double punishment of a defendant.

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles.

(c)

The punishment sentenced by the court below (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The court below rejected the above argument by stating in detail the defendant's argument and its judgment on the lower part of the "a summary of evidence" of the judgment with the same argument as the grounds for appeal in this part of the court below's judgment. If we look at the above judgment of the court below in detail with the record and attitude, the judgment of the court below is just and it is erroneous in the misapprehension of facts, which affected the conclusion

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. If a witness makes a statement in good faith as a witness of a judgment of misunderstanding of the legal doctrine, making a statement citing his/her crime will be conducted, and refusing to testify will suggest his/her crime, and even if it is impossible to expect the witness to make a true statement, the witness of such wife under the Criminal Procedure Act recognizes his/her right to refuse to testify and provides an escape tool from perjury.

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