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(영문) 수원지방법원 안산지원 2017.02.08 2016고단4674
위증
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

① On October 12, 2016, around 14:00, the Defendant appeared and taken an oath as a witness of the case, such as fraud with respect to Defendant C, etc. at the Suwon District Court, Ansan Branch, 401, which is located in Ansan, around 73, 2016, the Defendant testified as follows: (a) the prosecutor asked the attorney who visited the Defendant during the prison period to ask for the delivery of the page on which the period for committing a crime by counselor was specified; (b) the Defendant testified as follows: (c) on October 15:30, 2016, the Defendant asked the prosecutor to question whether the attorney asked for the delivery of the page during the prison period; and (d) on October 26, 2016, the Defendant testified as “no matter to ask the defense counsel for the delivery of the page during the prison period.”

However, in fact, from the end of February 2016 to March 2016, the Defendant ordered the defense counsel to “assigning his father to his father,” whether the period of participation in the crime by counselor, which was falsely drawn up in the meeting room of the defense counsel of the friendliness vocational training institution on the white ma drawings, was on the part of the defense counsel.

In this respect, the defendant made a false statement against his memory two times and raised perjury.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to each protocol of public trial, each protocol of witness examination, and each recording record;

1. Article 152 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment did not affect the judgment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in this case, such as the defendant's age, sex, family environment, motive and background of the crime and circumstances before and after the crime.

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