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(영문) 대구지방법원 2020.09.23 2019노5151
위증교사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and incomplete deliberation by the court below, although the defendant issued the examination of the witness to Co-defendant A and made an answer, the answer prepared by the defendant is merely merely written as it is, and the defendant did not have to give perjury to A, and therefore the defendant's act does not constitute perjury.

Nevertheless, since the court below adopted the testimony of A without credibility and sentenced the defendant guilty on the ground of this, the court below erred in misunderstanding of facts and incomplete hearing.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

2. Judgment on the misunderstanding of facts and incomplete hearing

A. The lower court rejected the Defendant’s assertion in detail under the title “Determination on the Defendant B and the defense counsel’s assertion” in the judgment of the lower court, on the grounds that the Defendant alleged the same as the grounds for appeal in this part.

B. In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, it is recognized that the defendant instigated a person A to make a false statement, as stated in the facts charged in the instant case.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of misconception of facts or incomplete hearing.

① A은 검찰에서 "증인 A 신문사항 2페이지에 기재된 ‘3.가.증인(A)은 피고인 및 피고인의 배우자 D으로부터 E이 상할 것 같은 음식을 아이들에게 먹인다, 재활용 옷을 입힌다, 돈밖에 모른다, 아이들을 학대하는 팥쥐 엄마다라는 말을 들은 적이 있나요’라는 질문에 관하여, A은 피고인, D이 위와 같이 이야기한 것을 직접 들었기 때문에 답변 내용을 알고 있었다....

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