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(영문) 전주지방법원 2016.10.14 2016노656
위증
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not go to the second floor of the building of this case, and the defendant testified as stated in the facts charged of this case because he was not well aware of his memory, and whether the defendant was going to the third floor of the building of this case belongs to the branching group in the related civil procedure. The defendant testified that he was going to the third floor of the building of this case, and the second floor of the building of this case, but the defendant testified that he was going to the second floor of the building of this case, but corrected his statement before the examination of the witness was completed by changing the defendant's place where the defendant was going to the second floor or the third floor before the examination of the witness was completed. Thus, it does not constitute perjury.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The defendant alleged the same purport in the court below's determination of mistake and misapprehension of legal principles, and the court below rejected the above argument in detail in the "decision on the defendant's argument" column. In light of the records, the judgment of the court below is just and acceptable, and there is no error of law in misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant. Thus, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. The circumstances favorable to the defendant are that the defendant did not have any past record of criminal punishment for the same kind of crime, and that the defendant’s perjury does not have any substantial effect on the trial result.

On the other hand, the crime of this case requires strict punishment as a crime that interferes with the judicial action of the State by making it difficult to discover the substantial truth of the judicial body, and the contents of perjury of the defendant present in the court as a witness and give perjury.

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