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(영문) 인천지방법원 2018.12.20 2018고정1651
위증
Text

The defendant shall be innocent.

Reasons

1. On July 21, 2017, the Defendant was present at the court of Incheon District Court No. 412, No. 412, 163, the 1617 High Order No. 1684, which was located in 17, the 14:30, Incheon Michuhol-ro, Soon-ro, Incheon, U.S., and 201, as a witness of the case.

The Defendant’s answer to the Prosecutor’s question, “Isday that sees to show the same symptoms to which philophones have been administered after you met the person of this “B”.

I give testimony as follows: (a) as if the Defendant was unable to directly see the symptoms of the scopon medication; (b) as if the witness told B at the time of “when the witness asks B to report”; and (c) as if the witness “I wish to report.”

The prosecutor’s question “I do not have any farcing farcs.”

“The testimony was made.”

그러나 사실 피고인은 2016. 6. 중순경부터 2017. 7. 초경 사이 B이 심하게 헛소리를 하고, 동공이 풀려 있으며, 쩝쩝 거리는 소리를 내는 등 필로폰 투약 증상을 나타내는 것을 직접 목격한 뒤 B을 필로폰 투약 혐의로 경찰에 제보한 것이고, 위 목격 당시 B에게 “ 신고한다” 고 말하자 B으로부터 “ 하려면 하라” 는 이야기를 들은 사실이 있었다.

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

2. Determination

A. Whether a witness’s testimony is a false statement contrary to memory or not shall be determined by understanding the whole of the testimony during the relevant examination process as a whole, rather than a mere part of the witness’s simple statement. If the entire purport of the testimony is consistent with objective facts and it is inconsistent with memory, if it is not a statement contrary to memory, it cannot be a perjury if it is caused by damage or mistake to the purpose of examination, and the meaning of the testimony can be understood as either unclear or diverse.

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