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The judgment below
The parts against Defendant A, B, and D shall be reversed, respectively.
Defendant
A In fines of 5,00,000 won, Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s sentence (a fine of KRW 5 million) imposed by the lower court on the Defendant is too unreasonable.
B. The judgment of the court below which found Defendant B guilty of the charge of the Defendant, although the Defendant had not recruited perjury with C and D, was erroneous in the misapprehension of legal principles.
C. Defendant D did not have recruited perjury with Defendant D, but did not induce A to give perjury.
Rather, A has already known the defendant of information about the criminal case B with the mind that he/she would in turn prove his/her perjury, and only the defendant has delivered his/her intention to B through his/her letter.
Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in misconception of facts.
The Prosecutor’s sentence sentenced to Defendant B, C, and D (8 months of imprisonment to Defendant B, 5 months of imprisonment to Defendant C, and 6 months of imprisonment to Defendant D) is too uneased and unreasonable.
2. Ex officio determination
A. Where a witness who has taken an oath against Defendant A once made a false statement contrary to memory as to various facts on the same date, this constitutes a single perjury by continuing to make a false statement by a criminal intent, which constitutes one inclusive, and further constitutes a single perjury, and even if a witness made several false statements at the same instance with different dates, he/she has testified after maintaining the effect of the initial oath (see, e.g., Supreme Court Decision 2005Do60, Mar. 25, 2005). According to the evidence duly adopted and examined by the lower court, the Defendant appeared as a witness on the seventh day of the case in violation of the Act on the Control of Narcotics, etc. of Narcotics, Etc. (compony 2015Da678, Jun. 24, 2015) against B opened at the court of Busan District Court No. 306, Aug. 24, 2015; and testimony after taking an oath.