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(영문) 창원지방법원 진주지원 2016.11.30 2016고단592
위증
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on May 12, 2016, the Defendant appeared and taken an oath in the court of Jinwon District Court 202, Jinwon District Court 303, Jinyang-si, Jinju-si, 303, as a witness of the Defendant’s injury case, to the said court No. 2015Da5477.

The Defendant testified to the effect that C did not have any physical contact between C and D, and that C had no physical contact.

However, at around 13:45 on May 29, 2015, C took the face of D in the front corridor No. 101, 409, Jinju-si, E Apartment 101, 409, as seen earlier by the Defendant, and took the two descendants of D so avoided.

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

Summary of Evidence

1. Each legal statement of witness F, D and G;

1. An investigation report (attaching a final and conclusive judgment in the first instance of the original case);

1. Summary order, written trial records (2) (F), recording records of witness examination (F), written trial records (3 times), protocol of witness examination (D), recording records of witness examination (D), recording records of witness examination (A), recording records of witness examination (D), statement of request for appraisal, reply to request for appraisal by doctor, statement of injury diagnosis (D), statement of medical expenses invoice and receipt;

1. Application of statutes on site photographs;

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

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The defendant's assertion that the defendant asserted that he only testified as he did not make a false testimony contrary to memory because he did not have any fact when C, who is his husband, was her husband due to depression, etc.

2. Determination

A. Comprehensively taking account of each evidence in the judgment, the Defendant’s husband, around May 29, 2015, was issued a summary order of KRW 3 million (No. 2015 High Court Decision 2015Da4109) on October 1, 2015 on the grounds that the Defendant’s husband, her husband, was convicted of having sentenced to a fine of KRW 3 million on May 26, 2016, and the Defendant was issued a summary order of KRW 3 million (No. 2015 High Court Decision 2015Da5477). However, the Defendant did not dispute with the purport that he/she had inflicted an injury on D.

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