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(영문) 서울남부지방법원 2013.05.23 2013노317
위증교사
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) has not instigated a defendant to give a perjury to A as stated in the facts charged of this case.

Nevertheless, the court below found the defendant guilty of the facts charged of this case on the basis of the statements made by A which are not reliable. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. According to the evidence duly adopted and examined by the court below (in particular, A’s legal statement of the court below), with respect to the defendant’s violation of the Attorney-at-Law Act against E by finding two or three times between April 201 and June 2, 2011, the defendant requested the Seoul Southern District Court 201DaMa5171, to give testimony as the return of two million won received from A in return for handling legal affairs; and even on June 20, 201, the defendant asked A to give false testimony outside the court immediately before giving testimony, even though he/she was present as a witness of the above violation of the Attorney-at-Law Act against E, and the fact that A received a return despite having not received a return of two million won paid to E in return for handling legal affairs, and further, the defendant was sufficiently aware of the fact that he/she had not been aware of the fact that he/she had not returned from the investigation of the defendant’s violation of the Attorney-at-Law Act against E by Seoul Southern District Court 2011Da5171.

B. In light of the fact that the Defendant and his defense counsel reversed the statements made by A several times from the investigation stage of the above Seoul Southern District Court case No. 201Da517 to the final judgment, the Defendant and his defense counsel asserted to the effect that the statements made by A in the investigation agency and the court of original instance consistent with the facts charged in the instant case are not reliable. However, the amount of money to E in return for handling legal affairs consistently at the investigation stage of the Seoul Southern Southern District Court case No. 201Da517

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