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Reasons
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(영문) 인천지방법원 2019.07.17 2019고단3055
위증
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A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2018, the Defendant appeared in the court of Incheon District Court No. 318, 163 17, as a witness of the perjury case against Defendant B of the above court, around 14:30 on October 2, 2018.

During the examination of the witness, the Defendant testified to the effect that, “If Defendant B was aware of the CCTV at that time,” the Prosecutor’s “I asked the witness to testify and asked that I would not close the CCTV,” and that “I would like to know that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see if I would like to see the CCTV,” and that I would like to see that I would not interfere with the above evidence.”

However, in fact, the defendant was asked by B to ask for testimony when he was not sealed by C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to record recording of witness examination;

1. Article 152 (1) of the Criminal Act applicable to the crimes and Article 152 of the Election of Imprisonment;

1. Mitigation of self-denunciations under Articles 153 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [Determination of a type] perjury (Type 1] perjury (Special Sentencing) and the element of mitigation of perjury: Self-denunciation and confession [Scope of Recommendation and Recommendation], mitigation area, imprisonment with labor for one month through ten months;

2. On March 29, 2017, the Defendant: (a) appeared as a witness in the Incheon District Court Decision 2016No2503, Mar. 29, 2017, the Defendant appeared in the court as a witness and made a false statement to the effect that “B did not injure C or assault C; and (b) was punished by a fine of KRW 50,00 in the perjury case No. 2013407, Jan. 30, 2018.

After that, the defendant against B on October 2, 2018.

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