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(영문) 부산지방법원 2015.09.17 2015노1504
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have made a statement contrary to memory by attending as a witness of the Defendant’s case, including a violation of the Punishment of Violence, etc. Act (a collective weapon, injury by a deadly weapon, etc.) against C (hereinafter “injury case”). Although the content of the Defendant’s testimony conforms to objective truth, the lower court erred by misapprehending the fact that found the Defendant guilty of the charge of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the assertion of mistake of facts, namely, the following circumstances acknowledged by the evidence duly admitted and investigated by the police, i.e., (i) the Defendant, upon being investigated by the police due to an injury incident, stated that “The Defendant was in an emergency room at the time of the occurrence of a violence against the Defendant (No. 17th page of the evidence record),” and C also stated that “The Defendant was in an emergency room at the time of the occurrence of a violence against the Defendant, i.e., the victim of the injury to the Defendant at the time of the interview with C., the Defendant’s testimony was inconsistent with objective truth; (ii) the Defendant’s testimony was an important issue at the time of the assault against the Defendant at the time of the interview with C; and (iii) there was no important issue as to whether the Defendant was in an important risk at the time of the crime, as the witness at the time of the crime.”

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