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(영문) 수원지방법원 안양지원 2016.10.25 2016고단1269
위증
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2015, around 14:30, the Defendant appeared as a witness of the Defendant’s embezzlement case against Defendant B and took an oath at the court of Suwon District Court No. 405, which was located in the 212-ro, Sinyang-si, Sinyang-si, 2015. The Defendant appeared as a witness of the Defendant’s embezzlement case against Defendant B, and had the Defendant give testimony before C before the presiding judge of the first single criminal judgment of the above court, which is under trial of the case

The Defendant asked that “D would receive KRW 100 million under the name of the Defendant, half of D would have told the Defendant to use,” and the Prosecutor stated “I would like to clearly see that D would bring about KRW 50 million to the Defendant at D’s house.”

However, in fact, D did not say that half of the agreed amount was donated to B as above, and there was no fact that the Defendant had made such remarks from D.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes such as a statement of examination of the witness, a statement of examination of the witness, a statement of examination of the witness (A), and the judgment (No. 6);

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Sentencing Guidelines] - The mitigated area (one month or October) - The special mitigated person: the self-denunciation and confession [decision of sentence] - favorable normal circumstances: the defendant's mistake is recognized; the defendant's perjury does not affect the result of the trial; the defendant's perjury does not affect the result of the trial - The defendant's de facto spouse B, who is a de facto spouse, has invested in the defendant's business by embezzlement of KRW 100 million, and the defendant has issued the instant perjury in order to conceal this.

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