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(영문) 수원지방법원 2015.05.15 2014노5069
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the case of mistake of facts, as to the part of the testimony of "a loaning KRW 30 million to Defendant E while keeping 30 million in custody from Defendant F," the Defendant lent 30 million won to E while keeping 30 million won in custody from actual F, and thus, the Defendant stated the fact, and it did not state any false fact.

Nevertheless, the court below convicted the defendant, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. As to the part of the facts charged in the instant case, the Defendant testified that “Defendant F is unrelated to the game site,” and the Defendant argued that F was not guilty. As such, Defendant F was merely an expression of his opinion that he thought that it is irrelevant to the game site, and this does not constitute “false statement.”

Nevertheless, the lower court convicted the Defendant, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

C. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, the lower court consistently stated that E received money from F on June 2007, i.e., the following circumstances acknowledged by these evidence: (a) however, it was not required that E was present as a witness in the Suwon District Court case 201Kadan1014 and was subject to crackdown on June 2007, 2007.

The answer to the question “I,” shall be memoryed after June 2007.

“Written reply” and “Before the first control of the receipt of money by a witness;

Post-authorization summary.

I have received prior to the control of "interpellation".

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