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(영문) 대구지방법원 2016.12.23 2016노3844
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not appear in a civil case between D and F (Tgu District Court 2015dan16313, hereinafter “related civil case”) and made a statement contrary to his memory.

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

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. The defendant's confession in the court of first instance differs from his/her statement in the appellate court to the effect that the probative value or credibility of his/her confession is not doubtful. In determining the credibility of his/her confession, the credibility of his/her confession should be determined in consideration of the following factors: (a) the contents of the confession's statement objectively rational; (b) the motive or reason behind the confession; (c) the motive or reason behind the confession; and (d) the reason leading up to the confession, and (e) whether the confession is contrary to or contradictory to the confession among other evidence than the confession.

In full view of the following circumstances revealed by evidence duly adopted and investigated by the lower court (see Supreme Court Decision 2010Do2556, Apr. 29, 2010). In full view of the following circumstances, the lower court’s finding of guilty of the facts charged of this case is justifiable, and it did not err by misapprehending the facts as alleged in the grounds of appeal, thereby affecting the conclusion of the judgment.

① The Defendant recognized the facts charged on the first trial date of the lower court, and the trial was proceeded with with the assistance of a state appointed defense counsel at the time of confession.

In addition, the Defendant stated in the investigative agency that “the content of the instant lease agreement was from L, but it is not accurately memoryed about the lease agreement.” And D had a staff member in charge of the Ministry of Home Affairs, who is in charge of the Ministry of Home Affairs, move to the instant marina, etc. being kept in custody.

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