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(영문) 서울남부지방법원 2018.05.24 2017노12
위증
Text

If the part of the judgment of the court below is strictly pronounced guilty, the judgment of the court below is just not guilty.

Reasons

1. Of the instant facts charged in relation to a single comprehensive crime, the lower court is well aware of the content of the investment contract that the Defendant entered into between ① (State) D and (State) H. Since the Defendant did not confirm whether the Defendant actually performed or had performed the work in D, the lower court, as it did not confirm whether the F actually performed or had done the work in D, is what the F specifically performed at that time.

As to the portion of the testimony "", the judgment of the court below acquitted the defendant and the prosecutor convicted the rest of the part, and the prosecutor appealed against the defendant and the prosecutor, but the prosecutor did not dispute the grounds for appeal only the unfair argument of sentencing and the appeal as to the part not guilty, and therefore, the part not guilty in the reasoning of the judgment of the court below was exempted from the object of public defense among the parties, although it was judged in the trial of the court below.

As such, (see Supreme Court Decision 90Do2820, Mar. 12, 1991, etc.). As to this part, the conclusion of the judgment of the court below is followed, and the scope of the party deliberation is limited to the guilty part of the judgment below against the defendant (it shall not be judged again with respect to the acquittal portion of the judgment of the court below that makes the same conclusion). 2. Summary of the grounds for appeal

A. The prosecutor’s sentence (unfair sentencing) sentenced by the lower court (eight months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unfluent and unfair.

B. (1) Although the part of the facts charged in this case which the court below found guilty is merely an erroneous answer that the defendant did not know about the facts or properly understand the purpose of questioning, the court below erred in the misapprehension of the legal principles as to the defendant's guilty.

The sentence sentenced by the court below is too unreasonable.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s conviction portion is below.

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