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(영문) 부산지방법원 2017.05.25 2016노4015
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendants were not guilty of false statements contrary to memory, the judgment of the court below convicting the Defendants of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (for the Defendants, KRW 3 million per each of the fines) is too unreasonable.

2. Determination

A. In light of the following circumstances, the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the court below and the trial court, the Defendants can sufficiently recognize the facts of perjury as stated in the facts constituting the crime, and the materials submitted by the Defendants and the defense counsel alone do not interfere with the above recognition.

Therefore, the Defendants’ assertion of factual mistake is without merit.

① At around 19:00 on August 31, 2014, D: “Around 19:0, at H restaurant located in Busan District of Busan District, the Defendant was sentenced to a fine of KRW 2,00,00 on November 29, 201, and the judgment became final and conclusive on November 29, 2016, on the following grounds: (a) by the negligence that the F was in excess of the upper part of the table with which the F was seated, divided into the bottom of E, thereby causing injury that requires treatment for six weeks, such as the pressure pressure of the first main body.”

② In the above injury by negligence, F made a specific statement in the above injury case, “F is beyond the upper part of the wooden part and the hurgical part in D and E, and due to the shock, she was faced with the chest and the hurgical part in the lower part,” and F made a written agreement that “F shall compensate D for the medical treatment costs and the hurgical part in F, etc.” and that “F shall compensate D for the treatment costs and the hurgical part in F, etc.” in the above case.

③ Persons who were inside a restaurant at the time of the instant case are “E and D” as F.

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