(영문) 대구지방법원 2015.05.15 2014노1647 | 리걸엔진

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(영문) 대구지방법원 2015.05.15 2014노1647

위증

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. On April 10, 2013, the Defendant (in fact-finding) and (1) the Defendant appeared as a witness and did not make a false statement contrary to memory at the Daegu District Court Branch Decision 2013No. 897 (hereinafter “relevant Defendant case”) on the day of the instant case, on the following grounds: (a) the Defendant did not put the Defendant’s mother C’s her head into a flag; and (b) the Defendant her head was flaged by D himself; and (c) the Defendant took an on-site photograph as his cell phone prior to the time of the instant case to the police station, and (d) did not make a false statement contrary to memory.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The prosecutor (unfair punishment) sentenced by the court below (two years of suspended sentence in October) is too unhued and unfair.

2. Determination

A. The court below rejected the defendant's assertion in detail on the ground that the defendant made the same assertion as the grounds for appeal in the court below's determination on the mistake of facts, and the court below rejected the defendant's assertion in detail. In full view of each evidence and witness D's trial statement duly adopted and investigated by the court below, the defendant was present at the date and place as stated in the judgment of the court below and after oath as a witness of the relevant defendant case, the facts were not caused by D's self-harm, but by the unit C, the defendant's mother of the defendant's child, and even if the site photograph taken by the defendant was taken later than that of the police officer, it can be sufficiently recognized that the defendant made a false statement contrary to memory as stated in the judgment of the court below, so the judgment of the court below which rejected the defendant's and defense counsel's assertion is just, and it is so decided as per the mistake of facts and the judgment of the court below.

유사 판례

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-대구지방법원 2020.05.07 2019노129

-수원지방법원 2019.05.31 2019노368

-대전지방법원 2014.03.26 2013고정1302

-창원지방법원 2015.06.11 2015노282