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(영문) 서울남부지방법원 2018.10.02 2017노1299
위증교사등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants A and B called to J and obtained permission from K for free use of I tenement house A and A and 107 (hereinafter “instant housing”) and obtained a key from K. Thus, the confession of perjury by Defendant B is false.

It is not a household.

Even if the defendant is aware that the above facts are true, and only requested that B make a true statement, so there is no intention of perjury and no intention of accusation.

However, the lower court found the Defendant guilty of each of the facts charged of this case on the grounds of the statements made by B, J and K without credibility.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2) The punishment imposed by Defendant B (1.5 million won) by the lower court is too unreasonable.

B. The Prosecutor’s sentence that the lower court sentenced Defendant A (the 4 months of imprisonment, the 2 years of suspended execution, and the 1-B crime as indicated in the holding of the lower judgment: the 6 months of imprisonment and the 2 years of suspended execution) is too unfluent and unfair.

2. Determination

A. As to Defendant A, the Defendant and his defense counsel on the Defendant’s assertion of mistake as to the facts alleged in the lower court: (a) the testimony of the relevant civil case (the testimony of the Seoul Southern District Court 2012Ga 2010364, the Seoul Southern District Court 2012Ga 2010364, which was the subject of the confession of this perjury) is based on objective facts, and even if it is not domestic facts, the Defendant did not have any intention to instigate perjury and

The court below rejected the assertion on this part of the defendant and his defense counsel in detail under the title "the judgment on the defendant A and his defense counsel's assertion".

Examining records compared with the evidence duly examined and adopted by the lower court, the lower court’s finding of facts and determination are justifiable.

B. The defendant and his defense counsel set up further arguments (B) from the trial (B) that led to the confession of a false perjury, which led to the confession from R and S.

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