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(영문) 의정부지방법원 2016.08.24 2016고단1432
위증
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant appeared to take an oath and testified as a witness with respect to the case of bodily injury, 2015 No. 2015 No. 1043 at the Do Government District Court No. 3, which was able to do so at the time of the Government.

In fact, around 19:00 on July 11, 2014, the Defendant observed the situation where the Defendant unilaterally assaults E by breaking the horses disregarding C, in dialogue with the F couple and C, who want to take over the store of a D laundry site with the wife E at the time within the “D laundry site” operated by the Defendant.

Nevertheless, the Defendant testified in the above case of injury to C, and the defense counsel’s “the witness did not see the face at the time this E is identical to that at the time of this case.”

The answer was made by the counsel, “A witness was talking together within the said laundry, but he was talking with the question “I would not see that the Defendant (C) was unable to see this E”.

The answer was made by the defense counsel, “I am unable to fit the E Defendant (C) and was in the state of putting and shaking their heads with each other,” to the question “I am unilaterally facing the Defendant (C) when I am the witness.”

The purport of “E was that E was unable to witness at all the fact that E was assaulted by C, and that E and C were unable to have whered on an equal basis instead of unilaterally assaulted by E in laundry.

Accordingly, the defendant made a false statement against memory and presented perjury.

Summary of Evidence

1. The defendant's partial statement

1. Each legal statement of witness E, F and G;

1. A protocol of partial statement by the prosecution against the defendant (including E statements);

1. Statement made by the prosecution against the F;

1. Copies of the police statements made to E and F;

1. A written diagnosis of injury;

1. Investigative Report (C's conviction of injury).

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