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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and B (Definite) did not have made a statement contrary to memory by attending the Defendant’s case, including assault against C (Seoul District Court 2013DaMa860, hereinafter “Assault case”). Although the contents of the testimony made by the Defendants conform to objective truth, the lower court found the Defendants guilty of all the charges of this case against the Defendants, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. Defendant C (De facto Error) and B did not appear as a witness of the assault case and made a statement contrary to memory, and the contents testified by A, etc. conform to objective truth.
In addition, the defendant only asked A, etc. to give testimony as it is, and there is no fact that the defendant instigated A, etc. to give perjury as stated in the facts charged in this case.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.
C. The prosecutor (unfair form of punishment) sentenced by the court below to the defendants (the fine of two million won for each of the defendants A, B, and the fine of four million won for each of the defendants C) is too uneased and unfair.
2. Determination
A. The following circumstances acknowledged by the court below's lawfully adopted and investigated the defendants A and B's assertion of mistake of facts, i.e.,, "A was only a fact that he/she was aware of his/her personal identity as he/she was assaulted by a male in his/her name, and he/she and H did not commit any violence or damage to property" in the assault case, and whether he/she was assaulted by a male in his/her name was an important issue in the above case. ② The testimony made by the defendants in the assault case was an important issue and was very important issue in determining "C and H's assault, damage to property, and interference with business", and was at the present time.