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(영문) 수원지방법원 2018.01.26 2017노7248
위증
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) Defendant (1) and misunderstanding of the legal principles on facts (1) and misunderstanding of the original judgment (as to the guilty portion) (1) as to the crime No. 1 of the original judgment, the Defendant, upon the F’s instruction, prepared a draft of the loan certificate (hereinafter “draft of the loan certificate”) and delivered it to F and G, so the Defendant’s testimony conforms to objective facts.

In addition, even if there is no such fact, the defendant testified according to his memory, so there is no intention of perjury against the defendant.

② As to No. 2 of the facts stated in the original judgment, the Defendant, upon F’s instruction, prepared and delivered a loan list (hereinafter “the loan list of this case”) as indicated in the lower judgment (hereinafter “the loan list of this case”). Since G participated in the preparation of the loan list of this case or the Defendant did not report the loan list of this case to G, the Defendant’s testimony conforms to objective facts.

And also there are such facts.

Even if the defendant testified in accordance with his memory, there is no intention of perjury for the defendant.

(2) The sentence of the lower court (six months of imprisonment, one year of suspended execution) is too unreasonable.

2) According to the evidence submitted by the Prosecutor (1) and the Prosecutor’s misunderstanding of the facts (the part not guilty), the Defendant considered that G did not have a face to affix a seal on the loan certificate as indicated in the lower judgment (hereinafter “the correction of the loan certificate”).

A false testimony, etc. may fully recognize the fact of perjury on the grounds of the amendment of the loan certificate of this case.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) As to the facts constituting an offense No. 1 as indicated in the lower judgment, the Defendant asserted the same as the lower

For the following reasons, the lower court rendered a perjury as stated in this part of the facts charged.

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