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(영문) 대구지방법원 2020.04.08 2019노3912
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. Examining the summary of the grounds for appeal: (a) the statement of the relevant persons, including the Defendant, B, and C; (b) the overall facts of employment and work involving C; (c) the circumstances leading to the commission of the crime; and (d) the fact that B was sentenced to a fine for violating the Labor Standards Act (Tgu District Court 2018No4799), etc.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The court below explained in detail on the grounds that the defendant could not be deemed to have made a false statement contrary to memory on the grounds of the judgment.

The court below's reasoning is that the court below's determination of credibility of the statements made by the witness at the court of first instance without permission is not clearly followed solely on the ground that the first instance court's determination of credibility of the statements made by the witness at the court of first instance is different from the appellate court's determination (see, e.g., Supreme Court Decision 2018Do17748, Jul. 24, 2019), B, G, and E's each legal statement at the court of first instance, in the case of which the court below's determination of credibility was not submitted clearly or remarkably unfair, it is impossible to reverse the above credibility judgment at the appellate court; ② the labor contract which can prove specific working conditions of C; ③ the prosecutor's allegation in the grounds of appeal that the court of first instance did not constitute the crime of violation of the Labor Standards Act at the time of entering into the labor contract and the interview between C217 and C27.

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