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Reasons
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(영문) 대전지방법원 공주지원 2012.12.28 2012고단351
위증
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 15, 2012, around 14:30 on June 15, 2012, the Defendant appeared as a witness of the case of Defendant C and taken an oath at the court of Daejeon District Court No. 1, 2012 Highest 81, which was in the Haguk-ro, Goju.

The defendant's "Witness" is a witness at the lower order of March 2011, by a public prosecutor.

4. At least 20 ophones between the beginning and the beginning 20 ophones, which were convicted of being delivered a penphone by 0.4g to Defendant C, and whether there was a fact that Defendant C had a penphone 0.4g at the above time.

G. G. G. G. L. L. L. L. L. L.W.

The testimony was made “...”

However, in fact, the Defendant was in the lower order of March 2011.

4. There was a fact that Da had a 0.4g philopon among the first patrolmen.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Decision on each of the accused;

1. Application of Acts and subordinate statutes to the protocol of examination of witnesses C, the accused and D;

1. Relevant Article 152 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Statutory mitigation under Articles 153 and 55 (1) 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that perjury reasons for sentencing under Article 334(1) of the provisional payment order may interfere with the court’s trial for finding the truth and thus cause confusion and incompetence in the judicial action of the country, but the accused confessions and reflects a criminal act, and the accused’s perjury has an impact on the result of the perjury case against C (including the case where the C was sentenced to a fine of KRW 5 million as the perjury was proved in the drug case against the Defendant). The instant case includes the following facts: (a) there is no criminal record of the same kind; and (b) there is no criminal record of the Defendant’s age, character and conduct, environment, criminal records, circumstances after the crime, etc.

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