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(영문) 서울중앙지방법원 2020.06.18 2019노3015
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. In relation to the criminal facts added by mistake of facts (the defendant) and changes in indictment, the defendant was expected to prevent the police officer from departing from the funeral hall in the situation that the body of his/her family head should be deducted from the funeral hall at the time, and the police officer's request was reported to the police officer. It was true that the police officer's request was obstructed from entering the funeral hall of the motor vehicle for which the police officer reported. The defendant's testimony was made in court while explaining the above circumstances. Thus, the defendant did not testify against his/her memory.

While the defendant has explained the situation of conflict with the members of the union who were absent from the funeral hall, he was guilty of the point of time and did not intentionally make a false testimony contrary to his memory.

B. The defendant asserts that, with respect to the punishment (one year of imprisonment and three years of suspended execution) imposed by the court below on the defendant, the defendant is too unreasonable and unfair. The prosecutor asserts that the defendant is too uneasible.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that, in light of the circumstances stated in its reasoning, the Defendant made a false statement contrary to his/her memory as stated in this part of the facts charged, and recognized the perjury.

In light of the following additional circumstances acknowledged by the facts admitted by the court below and the evidence duly admitted and examined by the court below, the above judgment of the court below is just, and there is no error of mistake of facts as alleged by the defendant.

On May 18, 2014, the time when the town entered the funeral hall was around 18:25, and the time when the police force was put into the funeral hall by the defendant's false 112 report is about 19:00 on the same day, and the time when the body of C was laid in the meteorite vehicle is about 19:55 on the same day.

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