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(영문) 춘천지방법원 2021.01.20 2019노429
위증
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) is that E’s statement consistent with the facts charged of this case is not reliable, and the defendant has not testified against memory.

2. The judgment E stated that “B was subject to indecent conduct from D around May 2, 2017 to B” in the case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Indecent Conduct) against B (Seoul District Court 2018 Gohap33, hereinafter “B criminal case”).

On the other hand, the Defendant, who is the wife B, was present as a witness in the B criminal case, and “from May 2, 2017 to 18:50.”

“The testimony was made to the effect that it was “.”

In full view of the following circumstances as revealed by the reasoning of the lower judgment and the evidence duly adopted and examined by this court, B was in D with E around May 2, 2017, and was not accompanied by the Defendant. Nevertheless, the Defendant made a false testimony contrary to memory as stated in the facts charged in the instant case.

It is recognized that the circumstances alleged by the defendant alone are insufficient to reverse the above recognition.

We do not accept the Defendant’s factual mistake and misapprehension of legal principles.

① E was damaged by indecent act from May 2, 2017 to June 2, 2017 (18:00).

In general, consistent statements have been made, and these facts can also be confirmed through text messages (Evidence No. 514-515 page 5 of the Evidence Records) stating that “I have suffered from indecent conduct from No. 1 to No. 20:19 on the same day.”

Although E makes a statement only to the effect that “supper 6:00 p.m.” for the time of indecent act, it is not possible to memory accurate view, it appears to be a general phenomenon according to the loss of memory, and there was a false intervention in E’s statement.

There is no circumstance to find out.

(2) E received text messages from B in the Hague with B after he was subjected to the prosecution damage and later.

in fact B.

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