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(영문) 광주지방법원 2019.01.29 2018고정1256
위증
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 16:00 on May 30, 2018, the Defendant appeared as a witness of the case of violation of the Mountainous Districts Management Act against the above court No. 2017Kadan4092 in Gwangju Dong-gu, Gwangju District Court No. 102, the Defendant responded to the question, “I would like to answer the question, and answer, “I would like to know whether I would like to know that I would like to know or ask the Defendant for consent by telephone before doing flatization work No. 12 and No. 18,” and the above counsel asked, “I would like to answer the question,” “I would like to answer how I would like to know how I would have known the Defendant that I would have been engaged in flatization work beyond the boundary of the Defendant.”

However, on April 2016, the Defendant agreed to divert a total of six lots (total of 3,985 square meters), including B and B, B and B, and B, to divert the same with B, without permission from the YA.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of examination of the witness and records of examination of the witness (number 19 through 25);

1. A report on actual condition or a written judgment;

1. Application of Acts and subordinate statutes of notification of photograph, practical survey, land cadastre, and permission for mountainous district conversion;

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

1. Articles 153 and 55 (1) 6 of the Criminal Act to be legally mitigated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The perjury in a criminal trial causes damage to the court’s judicial function concerning the discovery of substantial truth and appropriate exercise of penal authority, so it is necessary to strictly punish the above.

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