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(영문) 광주지방법원 2015.04.21 2014노2152
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged without the fact that the defendant appeared as a witness and made a statement contrary to memory is erroneous.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, two years of community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by mistake of facts and evidence duly adopted and examined by the court below: ① the Defendant was present as a witness of the Gwangju District Court 2013 high-level 3635 case; ② “F was a person who has no ability to purchase or hold such apartment in order to secure the quantity; ② “C was not erroneous and there is no money for the complainant; ② However, F was a plan for purchasing or holding apartment unsold in lots even if C had no intention to directly purchase or hold such apartment unsold in lots; on the other hand, it was not possible to acquire the apartment without acquiring the same apartment with the apartment secured by C; ③ was well aware of the fact that F was trying to acquire the marginal profit by introducing the apartment unsold in lots from C; ② the Defendant was also present in Busan District Court 2013 high-level 3635 case; ④ the Defendant did not have the ability to purchase the apartment in question as a witness of the instant case; ④ was not aware of the economic condition of E in light of the F’s request to purchase the apartment in question.”

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