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(영문) 서울동부지방법원 2013.04.18 2012노1579
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the testimony of G which the court below decided that the defendant's testimony was a perjury and misunderstanding of legal principles is not consistent and inconsistent with the empirical rule, and it is obvious that the testimony is false in light of the attitude of testimony, interest in the case, relationship with the party, etc., the testimony of the defendant cannot be deemed to be a false testimony contrary to memory.

In addition, even though the Defendant did not hear the entire speech of E, he was unable to witness to receive instructions from E or to give instructions from E, and it is difficult to expect the Defendant to give testimony that it is “competence”, so even if there is a somewhat exaggerated expression in the contents of the Defendant’s testimony, the Defendant did not make a false testimony contrary to memory.

Therefore, although the testimony of the defendant cannot be viewed as a false statement, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles

B. The sentence imposed by the lower court on the Defendant (fine 2,00,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, the lower court’s determination of misunderstanding of facts and misapprehension of legal doctrine can be sufficiently recognized that the Defendant made a false statement contrary to memory as stated in the facts charged, thereby making a false statement contrary to memory. (1) F Co., Ltd. (hereinafter “F”).

G, the operator, made several statements at the court below and the court court at the same time in relation to the case of interference with the business of Seoul Eastern District Court 2012 High Court 758.

A thorough examination of the contents of the G's statements, even though farmers and F's personnel try to load and unload senior string boxes, the members of the HF trade union have come to strawling.

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