208 Highest 3393 (a) Perjury

(b) A perjury;

1. A. (1) A. (67 years old, female);

2. A2. (b)

Kim Jong-hun

Law Firm L&A, Attorney Lee Sung-hoon (for the defendant)

September 19, 2008

Defendant A1 shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for one year. With respect to Defendant A1, two days under confinement prior to the pronouncement of this judgment shall be included in the above sentence: Provided, That with respect to Defendant A1, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Defendant A1’s perjury;

The defendant is in an internal relationship with A2 who was tried in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc.) in Busan District Court Decision 2008Gohap76, and is the mother of V, the victim of the above case.

At around 05:00 on December 9, 2007, the Defendant: (a) asked the prosecution and court to give favorable statements; and (b) had the Defendant made a false testimony by committing rape at his own house in Seocheon-dong, Busan; and (c) asked the Defendant to give favorable testimony from the prosecution and court.

At around 14:30 on March 28, 2008, the Defendant appeared as a witness of the above case in Busan District Court 301, which is located in the Busan District Court 301, and testified after taking an oath, the Defendant stated that “the Defendant (A2) was present at the police station as evidence, and the Defendant did not use Cheong tape and spare, and there was no spare any spare inserted in his sexual organ, and the witness used spare and spares from the witness’s spare to the witness’s spare in order to cause confusion to the Defendant.” The Defendant and the witness stated as evidence that “The Cheong tape and sparespare that he used while doing spareing sparespare before a week as evidence.”

However, the facts revealed, however, that at the time, A2 prevented a female from being locked by a lux tape prepared in advance at the inside of the inside, and applied against the resistance such as putting the two arms of the female into the strings of strings, and then applied for the entry of the self-defense body of the sex flag model that was held promptly with the female and the chest into the strings of V, after deducting the entry of the self-defense body of the sex flag model that was held promptly by the female and then submitted a complaint to the police station to punish A2 after checking from V that the female was locked, and finally identifying from V that it was caused by this.

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

2. Defendant A2’s perjury;

At around 05:00 on December 9, 2007, the Defendant: (a) intruded into the house of A1 located in the Youngcheon-dong, Busan, and prevented a female from being locked at the inside of the inside and outside; (b) obstructed the resistance, such as putting the two arms of the female into the strings of strings; and (c) led the Defendant to enter the string of the string model of the male sex-based model, which was rapidly carrying the strings of the strings of the strings, after deducting the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the 1strings.

Accordingly, on December 12, 2007, the defendant prepared a written agreement to the effect that "the defendant himself himself does not use his hophones and strings and strings, and there is no stringing a sexual organ." A1 is a talk that A1 took place in order to congested the defendant, and A2 was about to commit an act of self-defense, but he did not add his son, and reported it to the extent of a fixed amount after doing an act of self-defense." However, A1 did not know the contents of the above agreement accurately because there was no yellow dust at the time.

On January 26, 2008, the defendant found a written agreement several times from that time to that time, and had A1 make a resolution to make a false testimony by requesting A1 to make a statement or testimony as stated in the prior agreement between the prosecutor and the court, so that A1 may make a false statement contrary to the contents of the written agreement if the written agreement is detained. Accordingly, the defendant instigated A1 to make a false statement contrary to his/her memory in accordance with the direction of the defendant.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and Article 152(1) of the Criminal Act: Defendant A2: Article 152(1) of the Criminal Act and Article 31(1) of the Criminal Act;

1. Statutory mitigation;

Articles 153 and 55 (1) 3 (self-consting) of the Criminal Act

1. Inclusion of days of pre-trial detention (Defendant A1);

Article 57 of the Criminal Act

1. Suspension of execution (Defendant A1);

Article 62(1) of the Criminal Act concerning the reason for sentencing

1. Defendant A1’s statements at an investigative agency to the effect that Defendant A2 did not have her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her son with his her her her her her her her her her her her her her her son.

However, Defendant A1 may also be the victim of the injury resulting from rape, and all of these days arise from Defendant A2, and above all, Defendant A1, the sole person to examine the V who suffered a deep wound due to Defendant A2’s crime, is to postpone the execution of imprisonment with prison labor, taking into account the following factors: (a) if Defendant A1 is detained, the only person to examine the injury resulting from the crime of Defendant A2, would result in a new pain once again to V.

2. The crime of raped bodily injury committed by Defendant A2 was not likely to be used in light of the object or method of the crime, etc. However, the above defendant met with Defendant A1 to escape from punishment immediately after the crime was committed, and attached a seal to the agreement containing the fact that he was committed on the day after the crime was committed by Defendant A1. The contents of the agreement are about the important matters that can escape or be less applied to Defendant A from his criminal liability as well as about the fact that he was committed by Defendant A1. In order to believe that Defendant A1 was prepared by Defendant A1, even though it was his own, it was shown that Defendant A1 was extremely malicious at the end of the agreement, such as inserting the statement that he was her her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

Judges Go Jae-in