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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around 14:00 on April 17, 2014, the Defendant appeared at the court of Incheon District Court 410 located in the Nam-gu Incheon Metropolitan City, as a witness for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against C of the above court 2013 Man-Ma719.
The Defendant testified to the presiding judge D of the 12 collegiate panel of the above court in the trial of the instant case that “E was an adult on its first call and around 2010. There was no proper age,” and “E did not talk about its age in the vehicle moving from Seoul to Incheon around December 11, 2012, the date of the occurrence of the instant indecent act by compulsion, and E was unaware of the fact that it was a minor (C was unaware of the fact that it was a minor).”
However, the fact that E, around 2010, talks about the fact that he is 16 years of age to the defendant, and that he talks about the defendant's age in the above vehicle, so the defendant was well aware that E is a minor at the time of the occurrence of the above indecent act by compulsion.
Ultimately, the defendant made a false statement contrary to his memory and raised perjury.
Summary of Evidence
1. Legal statement of witness E;
1. A copy of the examination record of witness (part of the protocol of trial in the fifth place, No. 2013 High Court Decision 2017, No. 719);
1. Investigation report (Attachment to the judgment of the court of the first instance against the defendant C), investigation report (verification of the progress of the appeal trial and appending relevant data), application of Acts and subordinate statutes;
1. Relevant Article 152 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;