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(영문) 서울고등법원 2017.08.31 2017노1017
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) The fact that the criminal judgment already became final and conclusive on the same factual basis is a flexible evidentiary material, and it is difficult to employ a decision on the facts in the criminal trial.

Unless there are special circumstances acknowledged, the facts contrary thereto cannot be acknowledged. It is recognized that C was deemed to have cited gas burners in the judgment of the case, such as intimidation, etc. (No. 2015 High Court Order 4504 High Court Order 2015 High Court Order 4504 C (hereinafter “Intimidation case”). ② G’s statement consistent with the facts charged in the instant case; ③ also C cited gas burner at the time of the prosecutor’s investigation of the instant case.

In full view of the fact that it was white, the facts charged in this case can be found guilty.

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. On April 22, 2016, the Defendant appeared in the court No. 3 of the Cheongbu District Court No. 3, 2016, 14:00, 14:00, as a witness, to the witness of the case.

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