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(영문) 수원지방법원 2019.05.31 2019노368
위증
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants were present as a witness in the case of assault and injury against C (hereinafter “related criminal case”) and made a false statement contrary to memory. However, the court below found the Defendants to have made a false statement contrary to memory and recognized the establishment of perjury against the Defendants on the ground that the Defendants made a false statement contrary to memory. In other words, the court below erred by misapprehending the facts.

B. Each sentence of the lower court on the grounds that an unreasonable sentencing sentence (a fine of two million won) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged in light of the fact-finding on the assertion of mistake of facts and the evidence duly adopted and examined by the court below, it can be recognized that the defendants appeared as a witness in the relevant criminal case and made a false statement contrary to their memory and made a false statement contrary to their memory. Thus, the judgment of the court below which recognized the establishment of perjury against the defendants is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendants.

Therefore, the defendants' assertion of mistake is without merit.

① In a related criminal case, C was sentenced to a fine of KRW 1 million on December 18, 2017 with respect to the facts constituting the following assault and bodily injury in Suwon District Court:

[2] [Attachment 2017 High Court Decision 244, 2017 High Court Decision 298 (Merger)] C appealed against the above judgment and appealed to the Suwon District Court on August 31, 2018 (2018No323). However, C appealed to the Supreme Court on August 31, 2018 (2018No323). However, C was dismissed on January 7, 2019.

(2018Do14942) "C, the defendant of the criminal case related to the defendant of 2017 High Court 244" refers to "C.

It is the pastor of the F church in Gyeonggi-do, E, and the victim D (the age of 60) is the new church.

On March 26, 2017, the Defendant is on the rank around 10:20.

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