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(영문) 서울중앙지방법원 2017.01.11 2016고정3348
위증
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who served as a D employee of the Yongsan-gu Office from November 1, 2001 to January 11, 2015, and retired from office around September 16, 2015.

On March 13, 2015, the Defendant appeared and taken an oath as a witness of the case (Plaintiff E and Defendant F) No. 5093 (Counterclaim) in which the Jung-gu District Court 2014 combined 6268 (principal lawsuit) and 2014 combined 55093 (Counterclaim), and then, the Plaintiff’s agent’s “the occupation of the witness” of the G attorney of the Plaintiff.

In respect of the question "," we are now leaving the company only at present.

“The testimony was made.”

However, at the time of fact, the defendant was on temporary leave of childcare and was working as D tax officials of the Yongsan Tax Office.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. Complaint;

1. Recording notes;

1. Application of the Acts and subordinate statutes concerning temporary retirement for childcare and retirement;

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 153 and Article 55 (1) 6 of the Criminal Act (in cases of confessions made by an investigative agency, etc.) to be mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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