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(영문) 부산지방법원 2015.12.11 2015노1378
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the testimony of this case as stated in the facts charged is a true statement according to memory, but it is deemed that the defendant made a false statement contrary to memory, and thus, all of the facts charged in this case is guilty, and there is an error of law by mistake

2. In light of the following circumstances that can be recognized by the evidence duly adopted and examined in the judgment of the court below and the trial court, it is reasonable to view that the defendant testified that he/she testified in violation of his/her memory, and thus, he/she does not accept the above argument of the defendant.

① In full view of the Defendant’s partial statement at the prosecutor’s office, the Defendant and F’s record on July 30, 2010, the Defendant appears to have been aware that the purchaser of the instant sales contract was F and C was at least at the scene as an intermediary from July 30, 2010.

② On the other hand, the Defendant stated that he was unaware of the fact that the purchaser of the sales contract of this case was F before the police investigation of this case (Evidence No. 107) and stated that he was aware of such fact in F’s currency around July 30, 2010 (Evidence No. 113 of the Evidence No. 118 of the Evidence No. 118 of the Evidence No. 118 of the Record) and made a statement (Evidence No. 118 of the Evidence No. 118 of the evidence No. 1 of the evidence No. 118 of the Defendant’s testimony before the testimony of this case, it is not consistent with the Defendant’s statement that he had become aware of the fact that the F was the purchaser, but was aware of the fact that he

③ Before giving the testimony of the instant case, the Defendant was a person who had talked about the situation at the time of the instant sales contract with C by telephone conversations.

④ Defendant’s testimony of this case

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