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Reasons
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(영문) 의정부지방법원 고양지원 2016.12.20 2016고단1781
위증교사
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 12, 2014, the Defendant was indicted for the charge of openly impairing E’s reputation in Goyang-gu, U.S. District Court Goyang-gu, Goyang-si, Goyang-si, P around 14:30 on October 14, 201, and the Defendant denied it, and the attorney applied for F and G as a witness.

As between October 20, 2015 and November 13, 2015, the Defendant: (a) instructed F and G to testify in a false place; (b) F and G to the effect that “The testimony of the past church at the time of the actual process is likely to be followed by giving testimony as if it were replaced by two minutes; and (c) it would not constitute a crime of thickness.”

Accordingly, on November 13, 2015, the Defendant instigated the Defendant to make a false testimony to the effect that F and G did not cause harm to E, even though F and G were together in D, at around October 14:30, 2014, in order to compel the Defendant to make a false testimony to the effect that he did not cause harm to E, even though F and G were together in D around October 14, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to each protocol of trial and recording;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 152 (1) and 31 (1) of the Criminal Act concerning the selection of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 59 (1) of the Criminal Act (a fine of 1,00,000 won to be imposed or a fine of 1,00,000 won to be imposed for a stay of sentence, or one hundred won per day to be detained in a workhouse);

1. The scope of punishment by law: Fine not exceeding 15 million won;

2. Whether to apply the sentencing criteria: It is a negative case and a sentence of fine.

3. The circumstances and results leading to the crime of this case, especially the result of the judgment of the perjury, are not likely to have any particular influence.

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