logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2008.9.26.선고 2008고단4105 판결
위증
Cases

208 Highest 4105 Mactrine Evidence

Defendant

A (83 years old, South) Labor,

Prosecutor

Kim Jong-hun

Imposition of Judgment

September 26, 2008

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 became final and conclusive.

Reasons

Criminal History Office

On April 25, 2008, the defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Busan District Court, and on May 3, 2008, the above judgment becomes final and conclusive and is still under suspended execution.

At around 23:40 on October 5, 2007, the Defendant’s sentence B, at the same time, carried a panty door, etc. before the second floor of C’s house located in the Dong-gu, Busan, and broken the above panty door glass. Upon receipt of a report, the Defendant’s sentence B was found to have failed to stop the above B, which was the police officer of the Busan Dong-dong Police Station, dispatched to the scene after receiving the report, D, and the slope, who was a police officer of the Busan Dong-gu Police Station, was moving to the site, and the above B was able to walk the panum face while taking a bath to the above E.

Accordingly, the above E, together with the above D, was able to control the above B, and did not have any fact that gas guns were emitted.

In addition, there was a fact that the above B was out of the wind to go through the above B in the process of taking a lock, and there was no fact that the above B was out of the locking, plucking up by cutting, plucking up the arms and cutting up the shouldered glass to the floor with a personal view, and up up the above B’s bridge to the upper part of the bridge and up to the lower part of the stairs without any circumstances.

On the other hand, the Defendant took a bath on the ground that the above E and D were unable to lock the above B, and caused a threat by putting a sprink from the front door of the above C, leaving the sprink, and pushing the said E’s hand onto the stairs rail of the second floor, and the above E was in danger and emitted gas guns from the Defendant to control the Defendant.

As a result, the above B was indicted for having interfered with the legitimate execution of duties by police officers with respect to the suppression of crimes and arrest of flagrant offenders, and at the same time, he was indicted for having inflicted injury on the above E and above D, etc., and was tried for the obstruction of performance of official duties by Busan District Court 2007Kadan6272.

Accordingly, the Defendant testified to the effect that the police officers dispatched to the scene had violently suppress B, which did not object to any other resistance, and that the above B suffered a large number of wounds, and thus, the Defendant tried to be acquitted or sentenced to a minor sentence, by testimony to the effect that the above B’s act without choice during the process of protesting against the police officers.

At around 15:00 on December 27, 2007, the defendant appeared at the Busan District Court 355, the Busan District Court 2007Kadan6272, which was located in the So-dong, Busan District Court 355, to take an oath against the defendant B as a witness for the obstruction of performance of official duties, etc., and testified as mentioned in the attached table to the questions of the defense counsel and the judge, such as the defendant's testimony that "I want to take the arms of the defendant by the two police officers from time to time arrived at the site, and I want to take the arms of the defendant."

However, the facts revealed that the above B, a police officer, exercised violence against the above E and above D, and committed a scam, and therefore, the above E and above D were scambling the Defendant to restrain it. In order to control the above A, the scambling of the scam was merely a gas gun to the above A, and the above B did not have any gas gun, and there was no fact that the above B was scambling out of the floor where the glass angle was scattered, and there was no fact that it was scambling without any circumstances.

In addition, since police officers were locked at the defendant's house at the time of their dispatch, it was impossible to find out that police officers were unable to wear a lock for any reason, and that there was no fact that police officers had never observed the gas gun to the above B at all, and that there was no fact that they had actually observed the gas gun to the above B. Accordingly, the defendant gave false testimony against memory.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 152(1) of the Criminal Act (Appointment of Imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and the first sentence of Article 39 (1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges

Judges Go Jae-in

arrow