logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.22 2015노4574
위증교사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have made a false statement to E in the court.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. The Defendant’s confession in the court of first instance as to the assertion of mistake of facts alone is not likely to have the probative value or credibility of the confession, solely on the grounds that the confession in the court of appeal differs from the legal statement in the appellate court.

In determining the credibility of a confession, the credibility of a confession shall be determined in consideration of whether the contents of the confession are objectively reasonable, what is the motive or reason of the confession, what is the motive or reason of the confession, what is the background leading up to the confession, and what is not contrary to or contradictory to the confession among other evidence than the confessions (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below, it is reasonable that the court below found the defendant guilty of the facts charged in this case, and there is no error that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

① Although the Defendant: (a) led to confession of the facts charged in the instant case in the court of original instance, the Defendant appears to have been aware of the meaning of confession in the court of original instance with the assistance of the counsel of the state-appointed; and (b) it is difficult to find out the circumstances that there is a reasonable doubt in the nature, motive, and circumstance of confession.

② On June 26, 2015, the Defendant was convicted of a fine of KRW 300,000 (20,000,000,000) due to a violation of the Juvenile Protection Act by the Daegu District Court, and the said judgment became final and conclusive on July 4, 2015. The criminal facts of the said final judgment are as follows.

arrow