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(영문) 대구지방법원 2018.11.23 2018노2689
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The consistent E’s statement that he was issued with the penphone to D with the summary of the grounds for appeal, the Defendant’s testimony was rejected, and the Defendant’s conviction was pronounced against D, and the case was the case in which E had no accusation about himself;

In full view of the fact that there was no credibility in the statement of the D, there is no reason to view that E was a false accusation against the Defendant.

Therefore, in the court, the defendant argued that he had ‘E' without any contact with D.

“Statement” is obvious that the testimony is false.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, or by misapprehending the legal principles.

2. Determination

A. On February 2, 2016, the Defendant appeared as a witness in the instant case of violation of the Act on the Control of Narcotics, Etc. against D, 4800 the High Court’s 2015 High Order 4800, in a court of law around 16:00, the summary of the instant facts charged.

In the examination of the above case, the defendant "E at the time has made any speech to the witness in detail" of the defense counsel.

“A person who has been identified as one of the two facts in his / her upper line” in question refers to a person who has been aware of his / her highest and incompetence, so-called humnasty that he / she was aware of his / her humb

The testimony was made in the past, and the prosecutor's "A witness" made a false information about D from E.

Along with the fact that there was a lush lush speech

(B)in the case of the PPS.

The testimony called “...” was made to the question “....”.

However, in fact, there was no fact that the Defendant did not feel D from E.

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

B. The lower court’s determination is that there is no fact that the Defendant had met with E, or that E was gypted by “one of the two persons” at the place of contact with the Defendant as indicated in its reasoning.

The grounds that there is no evidence to the effect that there was no statement to that effect.

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