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(영문) 서울중앙지방법원 2014.07.03 2013고단4379
위증
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 17, 2013, the Defendant appeared and taken an oath as a witness on the date of trial of the Seoul Central District Court case, etc. (joint injury) violation of the Punishment of Violences, etc. Act (No. 2013 High Court), etc. (No. 1279) located in Seocho-gu Seoul Central District Court, Seocho-gu, Seoul Central District Court (No. 508), which was held in the court of Seocho-gu, Seoul Central District Court (No. 508), and testified to the effect that “I (Defendant)” was unable to hear that D, at around November 3, 2013, inside the office of the Autonomous Council of the apartment located in Jongno-gu, Jongno-gu, Seoul Metropolitan Government 9th apartment, or that D, supra, would be “I would like to go to the end of this year.” On November 3, 2011, the Defendant testified to the effect that D, even at any place other than the above place, would not desire G to “I want this year.”

However, on November 3, 2011, D took a bath to G on a multiple occasions, “I h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h.

Thus, even though the defendant was a witness who has taken an oath under the law, he made a false statement contrary to his memory, and perjury.

Summary of Evidence

1. Legal statement of witness G;

1. Results of the verification of CCTV screen CDs in this Court;

1. Results of verifying the original files of the recording No. 14 of the evidence list;

1. Examination protocol of suspect against the accused by the prosecution (Evidence No. 139);

1. Recording book (No. 14);

1. Each police interrogation protocol against H, I, and J (No. 31, 32, 35)

1. Protocol of examination of witness (part of the third protocol of trial) (No. 89), the application of Acts and subordinate statutes;

1. Article 152 (1) of the Criminal Act and the choice of fines concerning the crime;

1. On November 3, 2011, the Defendant alleged that the Defendant did not give a certificate of perjury because D was unable to hear that D would take a bath at around 16:30 on November 3, 2011. However, according to the evidence, the Defendant did not give a certificate of perjury at any place on November 3, 201, including in and outside the office of the said temporary border and the said autonomous council.

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