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(영문) 대구지방법원 2013.08.14 2013노510
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant made a very detailed statement of witness at the time of confession under the prosecutor’s office’s charge of perjury on the Daegu District Court 2012 High-Ma3432 case (hereinafter “related first instance case”); and (b) considering the fact that the Defendant was exposed to a monitner on the photographer on the record of evidence in the foregoing case, the lower court determined that C was not guilty of the Defendant’s statement as to the part at the price of the Defendant’s price by the monitner; (c) the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court determined that the Defendant’s testimony concerning the part at the price of the Defendant in the instant case related to the first instance case among the facts charged on the ground of the evidence indicated in the judgment below constitutes perjury. The lower court found the Defendant not guilty on the grounds that there is insufficient evidence as to the facts charged that C had taken the part of the Defendant’s head at the time of the Defendant’s head by a steel month pattern among the facts charged in the instant case on the grounds that the Defendant’s testimony concerning the part at the lower court’s head was found in the instant case on the grounds of the evidence in the first instance trial, and that there is insufficient evidence to support the facts charged that C had taken the part of the Defendant’s head by a steel month, etc., and that the Defendant’s testimony that corresponds to the facts charged on the part of the Defendant’s head was not found in the police testimony in the instant case on the part of the Defendant’s head, and thus, it appears that the Defendant’s above police testimony was distorted. Accordingly, the lower court found this part of the facts charged on the ground.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant related thereto.

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