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(영문) 대구지방법원 서부지원 2017.10.26 2017고단819
위증
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2016, the Defendant appeared as a witness of a case, such as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic, Aggravated Punishment, Etc. (Fraud) against Defendant B, at the Daegu District Court 30, Nam-gu, Daegu District Court 30, Seocheon-gu, Daegu District Court 2016.

After the defendant taken an oath as a witness as above, the defendant opened a board of directors of the F clan together with the defendant, C, D, E, etc. on two occasions on November 3, 2012 and October 22, 2013, and discussed and resolved as stated in the minutes of each board of directors, such as the compensation and the sale of land owned by the clan.

In addition, November 3, 2012, the minutes of the board of directors were prepared.

The testimony was made to the effect that “.........”

However, the fact was that the board of directors of a clan was not held on November 3, 2012 and October 22, 2013. The minutes of the board of directors were forged in falsity without the consent of the defendant, C, E, etc.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol or record of examination of witness;

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 153 and 55 (1) 3 of the Criminal Act to mitigate confessions;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] perjury 1 (In January to October) in the mitigated area (a person with a special mitigated punishment] / self-denunciation / confession / [decision of sentence] the witness at a criminal trial of relatives / the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime, etc., including the fact that the confession was made before the confirmation of the criminal trial, and the fact that the confession was made before the confirmation of the criminal trial, and other circumstances constituting the conditions for sentencing such as the following circumstances, the sentence like the order shall be determined.

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