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(영문) 의정부지방법원 고양지원 2020.01.08 2019고단3160
위증
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on September 17, 2019, the Defendant appeared as a witness of the Defendant’s obstruction of performance of official duties against the above court No. 2019No1545 B, and taken an oath, in the court of law No. 402, Goyang-dong District Court 209, Goyang-gu, Goyang-si.

At around April 4, 2019, the Defendant testified to the defense counsel’s “I see that there is no fatt any question,” “I am fat from B to B, or there is any fact of having been assaulted,” and “I see that there is no similar dispute,” and “I see that the police officer’s question, “I am fat, I am fat, by asking for the handling of the case.”

The Defendant continuously testified to the prosecutor’s question “ort you have flicked a witness’s fat,” “I do not have any fat,” “I do not have any fat,” “I do not have any fat,” “I do not go beyond,” and later testified to the question “I do not have any fat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat.”

However, there was a reply from B to the police officer to the effect that he was assaulting, such as flabbing, etc., and was also exceeded the floor, and that he wanted to handle the case.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the witness against D and the accused (including a record of examination);

1. Court rulings;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Statutory mitigation under Articles 153 and 55 (1) 3 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act is that perjury is an appropriate exercise of judgment authority, which is a judicial action of the State.

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