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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the examination of the witness, only understood the purpose of questioning limitedly, and does not intentionally give testimony about false facts.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged in the instant case [criminal record] Defendant was sentenced to two years in the Daegu District Court on November 10, 2015 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and completed the execution of the sentence on June 1, 2017.
【Criminal Facts】
On July 4, 2018, the Defendant appeared and taken an oath as a witness of a case, such as violation of the Punishment of Violence, etc. Act (joint violence) against Defendant B at the Daegu District Court Port Support No. 1, which is located in the North-gu court of 181 at the port-si, Mapo-si, Mapo-si, 181, at the court of Mapo-gu, Daegu District Court Support No. 2018, 229 (Joint Violence). The Defendant testified to “(hereinafter referred to as “the first testimony”) and to “I do not have any statement about the witness C)” (hereinafter referred to as “the first testimony”), and to “I do not have any statement about the witness and Defendant B at the time of Ma” (hereinafter referred to as “the second testimony”).
However, in fact, the Defendant directly observed that B gets up the floor by walking up both sides of the bridge, being towed up to the strings of C, ging up the strings of C in drinking, ginging up the strings of C, and ging up the strings of his own timber, kneeing C with knee, kneeing C’s timber with a good hand, attached C’s arms together with a person in bad name, and plicked C with a two arms.
Accordingly, the defendant made a false statement contrary to his memory and raised perjury.
B. The lower court’s judgment: Daegu District Court Branch Branching 2018 Godan8, 88.