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(영문) 인천지방법원 2016.09.19 2016고단5065
위증
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On October 1, 2014, the Defendant appeared and testified as a witness in the court of Law No. 410, Nam-dong Incheon District Court of Law No. 410, Nam-gu, Incheon, Incheon, in relation to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) against the above court of Law No. 5099, J. 201.

In fact, the circumstance was that the defendant living in Seo-gu Incheon Metropolitan City C Building should remove the building as a result of the building removal lawsuit, and on May 15, 2014, in the course of the process of the removal of the building according to the result of the lawsuit around 10:00 on May 15, 2014, the defendant's husband B, who was the defendant's husband, operated a truck with the complaint to the above removal of the building and carried out the removal execution of the building.

D. At the time, the Defendant appeared to witness only a part of the situation at the time of the above shock, and the Defendant was unable to witness D with the truck.

Nevertheless, the Defendant testified as “for example,” to the question of “I am on the spot,” and testified as “I am to the question of “I am unable to shock D at the time,” and testified as “I am to the question of “I am not to have contact with truck itself.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the records of trial (14 height 5099), the application of Acts and subordinate statutes;

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153, 152 (1), and 55 (1) 6 of the Criminal Act to mitigate confessions;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires strict punishment since perjury is difficult to discover substantial truth in a criminal trial proceeding, and is a big obstacle to the realization of the trial-oriented principle. However, perjury does not affect the outcome of the trial, and the defendant led to confession and judgment.

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