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(영문) 수원지방법원 2017.09.11 2017노1159
위증
Text

The judgment below

Of them, the part on Defendant G shall be reversed.

Defendant

G. Not guilty, Defendant A, C, D, E, and F, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (4 million won in penalty) sentenced by the lower court against the Defendant is too unreasonable.

B. The lower court found the Defendants guilty of all the facts charged on the part of the Defendants, even though the Defendants, as to the facts of Defendant C, D, E, and F (1), witnessed the fighting team of M and N, and testified only as they memory.

(2) The sentence that the court below sentenced against the Defendants is too unreasonable. The sentence that the court below sentenced against the Defendants (a fine of two million won) is too unreasonable.

(c)

Defendant

G1) The judgment of the court below that found the Defendant guilty of the charge, despite the Defendant’s mistake of fact that the Defendant had not instigated Defendant A with perjury, was erroneous in the misapprehension of the facts.

(2) The punishment sentenced by the lower court to the Defendant (ten months of imprisonment, two years of probation, two years of probation, observation of protection, and 120 hours of community service) is too unreasonable.

(d)

The prosecutor's court below's each sentence (Defendant B: a fine of 4 million won) declared against the Defendants is too unhued and unfair.

2. Determination

A. Although the Defendants asserted that the facts of Defendant C, D, E, and F are identical to the alleged facts in the lower court, the lower court rejected all of the above arguments and found the Defendants guilty of the facts charged on the grounds as stated in its reasoning, comprehensively taking account of the following evidence.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the judgment of the court below which found the defendants guilty as to all the facts charged is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by

Therefore, each part of the Defendants’ assertion is without merit.

B. Determination on the Defendant G’s assertion of mistake of facts (1) Summary of the facts charged against the Defendant, and the Defendant.

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