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(영문) 서울중앙지방법원 2018.05.31 2017노2324
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts) did not have made a false statement against his memory as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The prosecutor (unfair sentencing) sentenced by the lower court to the Defendant (one hundred months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service) is too uneasy and unfair.

2. We examine ex officio the judgment of the court below on the grounds of appeal by the defendant and prosecutor.

In the trial of the party, the prosecutor added the facts charged of this case to the following (the judgment used again) and added the new facts charged of this case Nos. 2 through 4 in the annexed crime list No. 2 to the previous facts charged, including the previous facts charged.

As the subject of the judgment was changed by this court's permission, the judgment of the court below was no longer maintained.

However, the grounds for appeal for mistake of facts against the facts charged before the change are still subject to the judgment of this court, and the following are examined.

3. In the lower court’s determination as to the Defendant’s assertion of mistake as to the facts charged prior to the alteration, the lower court also asserted as to the facts charged prior to the alteration, and the lower court rejected the said assertion in detail and convicted the Defendant of the facts charged prior to the alteration, by stating in detail the judgment on “the grounds for

In light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake is without merit.

4. As above, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is again reversed, and the pleading is followed as follows.

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