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(영문) 대전지방법원 2015.12.15 2015고단2191
위증
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged by the Defendant were as follows: (a) around April 5, 2012, the Defendant participated in the construction of a housing construction project ordered by E from Sejong City to EF; and (b) had not been the E at the basic construction site between April 5, 2012 and April 6, 2012 where the basic construction was conducted; and (c) there was no fact that the Defendant did not appear E and the Defendant instructed E to the location of the housing construction project.

On November 6, 2014, the Defendant appeared and taken an oath as a witness of a civil lawsuit filed by E against F in the Seo-gu Daejeon District Court located in Daejeon District Court, Seo-gu, Daejeon, Daejeon, on November 6, 2014, and testified to the effect that “At that time, the Plaintiff (E) directly visited the site. At that time, the Defendant her fluencing fluencing with the Defendant (F) was her fluencing 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

As a result, the defendant made a false statement against his memory after being sworn.

2. The judgment of perjury is established when a witness who has taken an oath under law makes a statement contrary to his/her memory. Even if such statement is inconsistent with objective facts, it cannot be readily concluded as perjury before examining whether it goes against the witness memory (see, e.g., Supreme Court Decisions 88Do80, Dec. 13, 198; 88Do80, Aug. 23, 1996; 95Do192, Aug. 23, 1996). Furthermore, the conviction in a criminal trial has probative value that enables a judge to have the authenticity of facts charged to the extent that there is no reasonable doubt.

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