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(영문) 창원지방법원 2017.03.16 2016노2536
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged of this case on the ground that he only made a statement that he had heard, and there was no false testimony. Therefore, the lower court erred by misapprehending the facts.

B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court did not speak that, around January 6, 2014, at the village conference held at the G community hall located in the Gyeong-gun F in the Gyeong-gun, Gyeongnam-gun, that “D would have died with knife in the knife,” and the Defendant can be recognized as having not heard such remarks, so the Defendant’s assertion against this is without merit.

① In the above case where C was indicted due to defamation against D on the ground that the said remarks were made at the above time and place (the Changwon District Court 2014 Masan Branch Court 2014 Maz. 528), the Defendant told the above remarks.

Although testimony was made, C was rendered a judgment of innocence and became final and conclusive on the ground that C did not make the above statements.

(2) A person who has participated in meetings of the above village.

E was called “C knife knife knife knife” but the above words were not written at the above village conference, and the Defendant appeared out of the ward where the meeting had been held, even though he had been present at the above village conference, the Defendant moved out of the room where the meeting had been held.

was stated.

③ According to the investigation report prepared by the K investigator on April 10, 2014, the Defendant did not hear what remarks C et al. were made by the residents of the hall on the same day, although there was a fact that the community hall was in the above date, there was no interest in the construction cost, etc. of the community hall, and on the same day, there was no interest in the construction cost, etc

(f) a statement.

3. We examine the judgment on the unfair argument of sentencing, and the defendant's perjury has an effect on the trial.

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