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(영문) 서울북부지방법원 2019.01.18 2017고단4823
위증
Text

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

Reasons

Punishment of the crime

On May 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of conflict, etc. in the Suwon District Court’s Ansan Branch, and the execution of the sentence was terminated on November 12, 2015. On January 12, 2018, the Seoul Northern District Court sentenced two years and six months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on March 9, 2018.

On June 16, 2017, the Defendant testified to the effect that, in the Seoul Northern District Court 602, the Seoul Northern District Court 602, 749, the Defendant appeared and taken an oath as a witness of a criminal case, such as fraud against the Defendant, B, and C, of the above court 2017Da1114, the Defendant testified to the effect that, around August 13, 2016, the Defendant was unable to know in advance the accident that E had shocked from the Gangnambuk-gu Seoul Northern District Court to the F multilateral-si vehicle, and that, there was no fact that E and C instructed E to commit an intentional accident.

However, the Defendant, prior to the foregoing accident on August 13, 2016, instructed E and C to “A” prior to the foregoing accident, the Defendant instructed E and C to “Astro vehicle driven by E from alleyway to live in G, and received insurance proceeds.”

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

Summary of Evidence

1. Part of the witness C’s legal statement;

1. Statement of suspect interrogation of the accused by the prosecution (1078 pages of investigation records);

1. A protocol concerning the examination of suspects of G and E by the prosecution;

1. Recording notes, recording notes, and recording notes;

1. Previous convictions: Criminal references, written judgments (114, A, C, and B) (the defendant and his/her defense counsel asserted that the defendant did not have directed the defendant to commit an intentional accident to E and C, and thus, they are not perjury. However, according to each of the above evidence, the defendant ordered E and C to commit an intentional accident, and the above argument is without merit) shall be applicable to the law.

1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The period of repeated crimes, for which the defendant does not exercise his right to refuse to testify for the reason of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act.

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