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(영문) 대구지방법원 2019.07.23 2019고단2384
위증
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 14, 2017, the Defendant appeared as a witness of the Daegu District Court of Law No. 302, the Daegu District Court of Law No. 364, Daegu, Daegu, Daegu, Daegu, 364, and testified as follows.

In the above court, the defendant testified to the question of "I do not know that I would like to say that I would like to say that I would like to say that I would like to say that I would like to say, "I would not know that I would like to say that I would like to say that I would like to say that I would have been in charge of night exchange at that time, and that I would like to say, "I would like to know that I would not have the same person as the defendant (B) at that time," and "I would like to say that I would have been in charge of night exchange."

However, in fact, from April 18, 201 to June 201, the Defendant was well aware that B worked as the head of the night management department at the “E Entertainment room” located in Daegu-gu, Nam-gu, as the head of the night management department, and B served as the person in charge of the night-time exchange in the said entertainment room.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of witness, and a record of examination of witness A;

1. Application of Acts and subordinate statutes to investigation reports (a bound copy, etc. of the judgment of the first instance court in Defendant B);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The perjury in a criminal trial for sentencing reasons under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is difficult to discover the substantial truth, and the nature of the crime is not that of damaging the judicial function of the court as to the exercise of appropriate penal authority.

However, the defendant's statement did not affect the result of the criminal case trial.

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