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(영문) 부산지방법원 2015.10.08 2015노2390
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles do not state “C did not have seen “C did flat the bat of a police officer’s bat, was sealed, and did not have observed the drinking at that time.” The Defendant understood “Physical fighting” as the drinking of a police officer. The Defendant was present at and taken an oath as a witness of a case, such as violation of the Punishment of Violence, etc. Act (collective Intimidation, etc.) against C and D, Busan District Court Decision 2014Da5656 (collective intimidation, etc.) against C and D, and stated that “C did not flat the bat of a police officer’s bat, and was pushed and pushed.” C and D stated as “no fact that there was a police officer and “physical fighting”.

Nevertheless, the judgment of the court below which convicted the defendant on the ground that the defendant made a false statement contrary to his memory and thereby convicted him, is erroneous in the misapprehension of legal principles as to perjury, which affected the conclusion of the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (basic fine of KRW 3 million) is too unreasonable in light of various sentencing conditions.

2. Determination on the grounds for appeal

A. Judgment on misconception of facts or misapprehension of legal principles

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