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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Grounds for appeal;
A. The overall purport of the testimony made by the Defendant (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) cannot be readily concluded that the Defendant made a false statement against memory even if some of the facts are different from the fact, because, at the time of the special assault of this case, the Defendant was unable to well memory the situation at the time when he was drunk, and 6 months have passed since he testified.
Even if a person is guilty, the punishment of the lower court (7 million won of a fine) is too unreasonable.
B. The above sentence of the lower court is too unhued and unfair.
2. If a witness gives testimony as a result of an oath against a mistake of facts or misapprehension of legal principles that he/she is aware of the fact of his/her testimony while he/she is well aware of the fact of his/her testimony, perjury is established since he/she is a statement contrary to his/her memory (see, e.g., Supreme Court Decision 86Do57, Sept. 9, 1986). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant appeared to be a witness for a special assault case on January 24, 2018 and was prosecuted as a witness and was present to the victim E, and at least he/she is against his/her memory, or testified that he/she was well aware of the fact of his/her testimony (or repeatedly because C does not have a fact of having been suffering from a disease). Thus, his/her testimony is a statement contrary to his/her memory, and thus, constitutes perjury.
This part of the defendant's assertion is not accepted.
① On January 24, 2018, the Defendant had a dispute with C, the Defendant of the said Special Violence incident, drinking with C, which was the Defendant, and C was the victim E, who was on the side table, and C was the victim E, and the disease was broken off due to the victim’s seat.
the site is taken.