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(영문) 대구지방법원 2016.07.20 2016노228
위증
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The overall purport of testimony made by the Defendant misunderstanding of facts by attending as a witness of the case of injury to C (Tgu District Court 2014, 2629, Daegu District Court 2014, 2629) is not that the Defendant did not have any child when the Defendant contested with C, but that the Defendant’s child was true after the fighting of the Defendant and C, so the Defendant’s testimony does not constitute a false statement contrary to witness memory in perjury.

Even if the testimony of the defendant is false, the defendant did not have the intention of perjury.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion by stating in detail the Defendant’s assertion and the grounds for its determination in the part on “determination of the Defendant and the defense counsel’s assertion” during the relevant judgment.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s finding and determination of the aforementioned facts is justifiable, and it did not err by misapprehending the facts as alleged in the grounds of appeal, thereby adversely affecting the judgment.

B. The Defendant did not have any criminal history prior to the crime of injury to the above C, and the crime of perjury in this case is not related to important facts, but with regard to geographical facts, and it does not seem to have a significant impact on the outcome of the trial in the above criminal case.

However, perjury is a crime that interferes with the proper judicial function of the state and damages the people's trust in the judiciary and trial, and it is a strict punishment corresponding thereto.

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