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(영문) 대전지방법원 2017.11.21 2017고정1194
위증
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 24, 2017, the Defendant appeared and taken an oath as a witness of the assault or injury case against D in the court of Daejeon District Court No. 231, the Daejeon District Court on February 24, 2017, and even though D did not witness whether he was pushed ahead of the second floor of E church, D and F did not have any physical contact.

F made a statement to the effect that “F will go beyond stairs her back.”

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to the protocol of examination of a witness;

1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant did not make a false statement against his memory.

2. Determination

A. According to the evidence adopted and examined by the court of this case, D was prosecuted for committing the crime that “F was injured by the upper right shoulder of F by hand in front of the second floor of the E church located in Daejeon-gu Daejeon-gu, Daejeon-gu, and caused F to fall off to the above stairs for about 48 days,” and that “F was injured by the upper gate of the 3rd part of the excellent part requiring medical treatment for about 48 days,” and the Daejeon District Court 2016 High Court 3546 case (hereinafter “relevant criminal case”) was tried as a witness in the relevant criminal case. ② The Defendant appeared as a witness in the relevant criminal case, and stated that “D was unable to have any physical contact between D and F”, “Once evidence was examined, the Defendant did not have any physical contact between D and F,” and “on the 23rd part of the evidence,” and made a statement that “on the 26th part of the prosecution record,” “on the 26th part of the evidence.”

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