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(영문) 대전지방법원 2020.11.04 2019노543
위증등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On February 27, 2017, the Defendant did not intend to eliminate the key agent in order to install a locking device at the entrance of the disaster prevention room, but did not want to remove the locking device installed in the existing room. (ii) The Defendant did not appear as a witness and make a false statement on August 25, 2017 in part of each property damage on August 25, 2017.

The defendant entered the 11th floor EPS room in order to install CCTV. At the time, the locking device was already destroyed.

3) It is true that: (a) the Defendant committed an act of entering the victim’s illegal management as a lawful manager of the pertinent building on February 17, 2017; (b) each property damage as of August 24, 2017; (c) theft and intrusion of structure as of September 19, 2017; (d) each property damage as of February 17, 2017; (e) August 24, 2017; and (e) theft and intrusion of structure as of September 19, 2017; or (e) the Defendant committed such an act to correct the victim’s illegal management; (b) it constitutes a justifiable act. The lower court’s punishment of unfair sentencing (as of KRW 6 million) is too unreasonable.

2. Determination

A. When determining the credibility of a statement after the court of first instance conducted the examination of witness on February 27, 2017, the court of perjury conducted the examination of witness, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is involved in the statement in the open court, and the penology of the statement, as well as whether it conforms to the rationality, logic, morality, or rule of experience in the contents of the statement itself, or whether it conforms to other evidence.

On the other hand, the appellate court's judgment on the credibility of the statement made by the witness of the first instance court is based on the records including the witness examination protocol, so it is most time to determine the credibility of the statement.

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