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(영문) 수원지방법원 여주지원 2018.02.07 2017고단863
위증
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2017, the Defendant attended the Defendant’s case of rape with Suwon District Court No. 101, the said court No. 2016 High Court No. 89, which was located in Simamamamba-dong, Simamba-dong on May 5, 2017, as a witness.

In the above case, the defense counsel argued that he was not guilty of the fact that there was no coercion of sexual intercourse with the time of the crime stated in the indictment, and on the day of the case, the defendant's statement from C was the main issue of the examination of witness.

Defendant 1: (a) the presiding judge of the instant case “after completion of meals; and

In addition, it is asked of "I have settled prior to the meal," and "I have the ability to calculate at the time of considering the refined cafeteria, and the upper end of the car is later calculated."

Then, the testimony was given as “for example” to the question of whether “the calculation was made at the time of the death of the flag”.

Defendant continued to be the Defendant’s “Isk for the night situation on that day” by the Prosecutor

“The relationship has been under mutual agreement” in the question “

freshed me

“The testimony was made.”

However, in fact, “the details of settlement of card around 20:43 on May 20, 2015,” which was the subject of the aforementioned testimony, was the details of the settlement after completing all meals, and immediately after the instant case, C did not have any statement to the effect that “a sex relationship was made under an agreement” was the Defendant.

As a result, the Defendant made a false statement contrary to his memory and perjury (the Defendant and his defense counsel made the testimony relating to the credit card settlement time during the aforementioned testimony is the testimony by mistake, and the testimony as to whether the agreement was reached at the time of sexual intercourse C and D is not a false statement, and thus, the perjury is not established.

However, the evidence duly adopted and examined by this Court, in particular, the recording record of the conversation sent and received by the defendant while meeting C before the above testimony and above.

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