Defendant

Special Prosecutor Park Jong-young (Appellants), Special Prosecutor Park Jong-dae, Special Prosecutor Park Jong-dae, Promotion for Dispatched Public Prosecutor, the highest order (public trial)

Law Firm et al.

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is the father and the professor of △△ Hospital in △△ Hospital.

Around 204, the Defendant came to know Nonindicted 1 (○○ prior to the opening of the name), who was the guardian of Nonindicted 13, in the course of treating Nonindicted 13, who was located in △△△ Hospital, around 2004. After that, Nonindicted 1 also came to receive medical treatment from the Defendant, Nonindicted 1 was aware that she is in a close relationship with the President of the Park Hy-Hy, and Nonindicted 1 was in close contact with Nonindicted 1 during June 2014, and on July 2014, when Nonindicted 1 was in close contact with Nonindicted 1, who was asked about the father and the doctor of the △△△△△△△△ Hospital, who was engaged in academic activities related to the father and the father of the △△△△△△△△ Hospital, and Nonindicted 2, who was appointed as the President, and immediately thereafter, reported that Nonindicted 2 was appointed to the Minister of Education through the Minister of Health and Welfare’s recommendation on the relationship between Nonindicted 1 and the President, and the Minister of Education from around 16 June 214, 2016.

On May 2015, the Defendant: “Around May 2015, there was a company manufacturing and delivering a room used for the appearance, and at △△△△ Hospital, there was a request to find out whether the room can be used; Nonindicted 4, the representative of Nonindicted 3 Stock Company, was contacted with Nonindicted 2; around that time, the contact was made with Nonindicted 2, who was in turn used for the appearance, and was able to connect Nonindicted 4 with the sexual appearance of △△△△△△△△△ Hospital because there was a lot of interest in the presidential thickness, and it was good for Nonindicted 2 to communicate and introduce the contact with Nonindicted 4.

Nevertheless, on December 14, 2016, the Defendant appeared and taken an oath as a witness of the Special Committee on Investigation of the State's Cruel Cases by Civilians, such as ○○○○○, etc. of the Park Jong-Hye Government, which is held in Seoul, as the doctor of Yeongdeungpo-gu Seoul National Assembly, on December 14, 2016, the Defendant testified that “I do not seem to have any doubt,” and “I would like to give testimony that I introduced Nonindicted 6 and Nonindicted 4 to Nonindicted 5’s members before the Special Committee on Investigation of the State’s Cruel Cases? I would not have any way to introduce Nonindicted 2,” and “I would like to give testimony that I would not have any way to call Nonindicted 2.”

Ultimately, the Defendant made a false statement as a witness who has taken an oath under the Act on Testimony, Appraisal, etc. at the National Assembly.

1. Defendant's legal statement;

1. Part of the interrogation protocol of Nonindicted 4 by the prosecution (seven times)

1. Some statements made by Nonindicted 4 and Nonindicted 15, among the suspect interrogation protocol (nine times) of Nonindicted 4 by the prosecution (nine times)

1. Non-Indicted 16’s statement in the interrogation protocol (10 times) of Non-Indicted 4 by the prosecution (10 times)

1. Non-Indicted 4’s protocol of interrogation of Nonindicted 4 by the prosecution (11th interrogation)

1. Part of the written statements made by the prosecution against Nonindicted 17, Nonindicted 18, Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 22, Nonindicted 15, and Nonindicted 2

1. A report on investigation (the analysis of stenographic records of the investigation of the special committee on the investigation of the State on December 14, 2016) and minutes of meeting of the special committee on the investigation of the State on December 14, 2016;

1. Investigation report (data on recommendation of personnel, including major ministries and agencies, recommended by the head of the △△△△ Hospital (the head of the former president) who is recommended by the defendant professor);

1. A written accusation;

1. Article applicable to criminal facts;

Article 14 (1) (General Provisions) of the Act on Testimony, Appraisal, etc. at National Assembly

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following factors shall be considered as being favorable for the Sentencing)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations according to the sentencing criteria;

【Scope of Recommendation】

1) The basic area of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Monopoly Evidence) (0-2 years)

【Special Convicted Persons】

None

3. Determination of sentence;

A. Progress of this case

① Around November 26, 2016, Nonindicted 2, Nonindicted 2, Nonindicted 6, and Nonindicted 4, Nonindicted 2, an interview with Nonindicted Company 3, which was operated by Nonindicted 6 and Nonindicted 4, and Nonindicted 2, an interview with the content that “the Defendant introduced Nonindicted 6 and Nonindicted 4” three times after the interview with the said journalist. ② At the time, the Defendant did not appear to read Nonindicted 2 as “I would not introduce Nonindicted 6 and Nonindicted 4,” and “I would not gather 6, I would like to gather 6, Nonindicted 4, and Nonindicted 6. I would like to introduce the Defendant’s first interview with Nonindicted 2 on December 4, 2016. I would like to introduce the Defendant’s first interview with Nonindicted 6, Nonindicted 2, Nonindicted 4, who was on the part of Nonindicted 6, who was on the part of △△△△△△△△.”

In full view of these facts and circumstances, for about 20 days from the interview of Nonindicted 2’s first journalist, until the hearing is held on December 14, 2016, the Defendant made a false statement to the effect that he introduced Nonindicted 6 and Nonindicted 4 to Nonindicted 2 at the request of ○○○○○. Nevertheless, the Defendant made a false statement to the effect that “ Nonindicted 2 introduced Nonindicted 6 and Nonindicted 4 to Nonindicted 2, in violation of his memory at the hearing, there is no way to introduce Nonindicted 6 and Nonindicted 4 to Nonindicted 2. There is no way to introduce Nonindicted 2 as an intermediary business.”

B. Circumstances unfavorable to the defendant

The Defendant, ○○○○ and other civilians, revealed the truth of the suspicion case of the State Farming Team by civilians, including the ○○○○○, committed a false speech at the National Assembly hearing, which is a representative organ of the nation, in order to conceal the fact that ○○○ and ○○○ had a close relationship, such as recommending a major person of the nation at the request of ○○○○○○, beyond a mere relationship with the will of the Defendant. Accordingly, the Defendant concealed the truth before the people, and damaged the function of the investigation to fulfill the right to know. Moreover, the Defendant deleted the e-mail given by civilians, including ○○○○ and other cases, and changed the cell phone used for a long time.

Upon the Defendant’s request from ○○○○○, Nonindicted 6 and Nonindicted 4 introduced Nonindicted 6 and Nonindicted 4 to Nonindicted 2, Nonindicted 6 and Nonindicted 4 had the opportunity to enter into a business agreement on education and research with △△△△ Hospital, had been able to supply Nonindicted 6 rooms to △△△△ Hospital, and Nonindicted 6 could have been commissioned as an external medical doctor of △△△△△△ Hospital. This can be seen as a kind of preferential treatment through ○○○ and Defendant, rather than an opportunity for other people to easily obtain.

In light of the above circumstances and the degree of perception of the defendant as to the facts of this case, the illegality of this case is more severe and the quality of the crime and the circumstances of the crime are not weak.

C. Circumstances favorable to the defendant

The Defendant was starting to commit the instant crime at the latest in this court. The Defendant did not seem to have given special benefits by introducing Nonindicted 6 and Nonindicted 4 couple to Nonindicted 2. The Defendant’s mother is the age of 87 years old, is suffering from the blood-related dementia in 2014, and the Defendant is under the care of her mother regardless of her old and occupation. The Defendant is supporting the unmarried father without any history of crime. The Defendant has no record of criminal history.

In addition, the Defendant started to work as the intern in 1977 in 1977, and had a large number of lives as a father and a medical specialist for 40 years. The Defendant, as professors, had faithfully trained post-school. The Defendant has contributed to the development of the Korean mountain father and the field by performing various academic societies, such as the Korean Industrial Medical Association for a long time, and has continued to provide community service activities by providing the prevention of sexual illness and education for the non-party classes, such as female workers, North Korean defectors, and deaf-mutes.

(d) The sentencing conditions specified in the instant case, such as the Defendant’s age, character and conduct, circumstances leading to the commission of the crime, and the circumstances before and after the commission of the crime, shall be determined as ordered.

Judges Kim Tae-tae (Presiding Judge)

1) The legal perjury on testimony, appraisal, etc. at the National Assembly shall be included in the category No. 2.