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(영문) 의정부지방법원 2015.09.22 2015노1679
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant: (a) made a mistake of fact to C, that “I am flicker and I am for a long time after getting off the Seongbuk Station; (b) C am “I am at home”; (c) determined that the Defendant flicked his hand and blue E, etc. with his arms as elbow, and (d) the Defendant immediately made a apology to E.

At the time, the left hand of the defendant was the seat side of the seat.

The Defendant testified that he experienced as above.

Therefore, even though the defendant did not make a false statement contrary to memory, the court below found him guilty of the facts charged in this case, and there is an error of law by mistake of facts affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the Defendant appeared as a witness of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “related case”) with respect to C (hereinafter “Indecent Conduct at Open Place”) and taken an oath with respect to the Defendant, and the Defendant testified against E (hereinafter “related case”) despite having viewed that E made an objection against C, thereby constituting a false fact contrary to his/her memory.

The judgment of the court below to the same purport is just and there is no error of mistake of facts as the defendant alleged.

This part of the defendant's assertion is without merit.

1) After the damage, E reported by mobile text messages to the subway investigative station that “any her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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