(영문) 광주지방법원 2017.10.25 2016노4183 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.10.25 2016노4183

위증

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On October 26, 2013, the Defendant issued to J 200 bags of USD 200 at the Incheon Airport.

In other words, the defendant was present as a witness at a public trial in the case of violation of the Public Official Election Act against E, and testified as it is, and there was no false statement contrary to memory.

Nevertheless, the court below found the Defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

(2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. According to the evidence submitted by the prosecutor (misunderstanding of the facts as to the acquittal portion), it can be sufficiently recognized that, around October 26, 2013, E issued bags containing USD 200 to G and H at the Incheon Airport, and the Defendant appeared as a witness at the public trial of the case violating the Public Official Election Act in relation to E, and issued bags containing USD 20 to G and H.

A false statement contrary to memory was made by a statement;

It is reasonable to view it.

Nevertheless, the court below acquitted the Defendant of this part of the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion in detail, with detailed explanation of the judgment on the Defendant

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal principles as alleged by the Defendant.

Therefore, the defendant's assertion of facts is without merit.

B. Determination of the Prosecutor’s assertion of mistake of facts (1) The Defendant’s summary of this part of the facts charged is September 2014.

유사 판례

-서울고등법원 2017.11.01 2016노2694

-서울고등법원 2018.02.08 2017노3796

-대구지방법원 안동지원 2018.12.13 2018고합50

-대구고등법원 2018.02.06 2017노629

-수원지방법원 안산지원 2018.04.05 2018고단51