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(영문) 부산지방법원 2015.04.09 2015고정486
위증
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 13, 2014, around 16:00, the Defendant appeared as a witness of the defamation case against the above court No. 2014 High Court No. 22294, and taken an oath.

On November 10, 2013, the Defendant testified to “for example,” to the attorney’s question, “D has been located in the restaurant room,” and testified to “D’s answer to the attorney’s question, “I have been located in the restaurant room,” and “D will come to the restaurant room, and I asked only one of the documents and books,” and asked the attorney’s question, “D will come to the restaurant room, and I have talked with the Defendant.”

Then, the defendant testified to the prosecutor's question, "at the time of a cafeteria, I have come together with the defendant and continued to go on a coffee", and testified to the prosecutor's question, "at the same time, I have testified to the witness's question, "at the later restaurant, I have come to go to the fight", "at the time of a fighting until the date of a fighting, the witness has been on the fight," and "I have testified to the public prosecutor's question, "at the risk of the reason of a fighting", "I have to go to the witness who is going to go to a coffee."

However, in fact, the Defendant did not have seen D at C cafeteria on November 10, 2013, and since other believers than B arrived at C cafeteria after they concluded a dispute, it did not see that other believers than B were the head of fighting.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the protocol of examination of witness to A of Busan District Court 2014 High Court 2294;

1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Legal mitigation is stipulated in Article 153 of the Criminal Act;

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