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(영문) 대법원 2018.05.17 2017도14749
국회에서의증언ㆍ감정등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. We examine the summary of the facts charged, the circumstances and issues of the case.

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant appeared as a witness at the “A Special Committee held in the National Assembly on December 14, 2016 (hereinafter “Special Committee”); and (b) testified and made a false statement in accordance with the Act on Testimony, Appraisal, etc. at the National Assembly (hereinafter “Act on the Appraisal, etc. of Testimony at the National Assembly”).

In other words, the defendant received a request from S on May 2015 and contacted S around that time, and around that time, "The Q thickness is a product that has been used for cosmetic punishment and has a lot of interest in Q2, so it will be possible to connect S with the sex of the RR University Hospital.

There was a fact that “the contact information of Z, the representative Y corporation, was known and introduced.”

Nevertheless, whether a member of the AC introduced AD or Z couple to the S and caused it to be damp.

I will not answer the question "....."

"," and "no product related thereto is conveyed to S.".

The testimony was made, and the introduction was made, as “SIS Professor KIS KID Project Doctrine and State.”

There is no time to answer the question “?”.

“The testimony was made.”

B. The investigation period of the Special Committee was from November 17, 2016 to January 15, 2017, and the report on the investigation of the Special Committee was adopted on January 20, 2017 at the plenary session of the National Assembly.

On February 28, 2017, 13 of the members of the Special Committee of this case filed a criminal charge against the Defendant (hereinafter “instant criminal charge”) by a joint signature on February 28, 2017.

(c)

Although the first instance court found the Defendant guilty of the instant facts charged, the lower court ex officio reversed the judgment of the first instance court and dismissed the instant prosecution.

The facts charged in the instant case are crimes falling under Article 14(1) of the Act on the Appraisal of Testimony of the National Assembly, and can be prosecuted only when an accusation under Article 15(1) of the same Act is filed.

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