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(영문) 대전지방법원 2017.01.19 2016노2049
위증
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are receipts that the Defendant naturally received KRW 180,000,000 as construction cost with respect to the part of the construction work that D had been prepared in advance, and the Defendant signed and sealed without viewing the content thereof.

Therefore, after the lapse of time, the Defendant testified to the effect that “the receipt certificate,” “180 million won,” “the Defendant’s signature seal,” and “the Defendant signed and sealed the blank,” and that it was merely a witness to the effect that “the Defendant signed and sealed the blank.” Therefore, the Defendant did not have any intention to perjury.

2) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. The court below rejected the above assertion by the defendant as to the defendant's mistake of facts and misapprehension of legal principles on the ground that the defendant alleged the same purport in the court below's ruling, and the court below stated in detail the defendant's argument and its judgment in detail

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

3. The circumstances favorable to the defendant are that the defendant has no record of criminal punishment as well as criminal punishment once imposed by a fine, and that the defendant seems not to have any influence on the relevant judgment.

However, perjury is an offense that obstructs the proper judicial function of the state and damages the people's trust in the judiciary and trial, and the defendant requires strict punishment corresponding thereto.

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