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(영문) 의정부지방법원 2015.04.30 2014고정1836
위증
Text

The defendant shall be innocent.

Reasons

1. At around 10:00 on July 2, 2013, the Defendant testified that “A’s defense counsel testified to the Defendant that “I must have the fact that I would know that I would return to the above will return to the church when I left the church by resignation of the juvenile father,” while attending and taking an oath against C as a witness of the defamation case in the court of 514 of the Seoul Central District Court, 514.

However, on June 201, the Defendant said, “C finites” to E in the training room of D church.

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

2. The Defendant alleged that C had not reported that C had turned on around May 29, 201, when C had resigned from his will and left the church, and that the Defendant’s testimony as stated in the facts charged is not a false statement against memory, and that it did not constitute a false statement against memory.

3. On the grounds delineated below, the evidence adopted and examined by this court upon request by the prosecutor is insufficient to acknowledge that the testimony recorded in the facts charged is a false statement contrary to the defendant’s memory, and there is no other evidence to acknowledge it.

1) Whether a witness’s testimony constitutes a false statement contrary to memory or not shall be determined by understanding the whole of the testimony during the relevant examination procedure as a whole, rather than by the simple Section of the testimony, and where the meaning of the testimony in question is unclear or diversely understood, it shall be determined clearly after considering the ordinary meaning and usage of language, the context before and after the testimony in question was made, the purpose of the examination, the circumstances in which the testimony was made (see, e.g., Supreme Court Decision 2001Do5252, Dec. 27, 2001).

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