(영문) 부산지방법원 2017.08.18 2017노628 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.08.18 2017노628

위증

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since C was not able to regard the case where a police officer’s her son was dead, the Defendant’s testimony is not a false statement contrary to his memory.

B. The punishment sentenced by the lower court (4 months of imprisonment, 1 year of suspended sentence, 40 hours of community service order) is too unreasonable.

2. The Defendant alleged the same purport in the lower court’s determination as to the assertion of mistake of facts. As to this, the lower court asserted that ① the crime of interference with the performance of official duties of this case was committed by assault, such as breath, etc., with the Defendant and C, and the police officer was in the process of leaving the body with the Defendant. ② The Defendant’s speech, etc. was dissatisd and dissatisd.

C, the police officer who is clicked with C was sealed with police officers, and accordingly, the police officer, who met with C, took the body, etc., caused the reaction, and the police officer was unable to stop fighting with C due to police officers, and immediately next to C, and there was no special object that could be viewed at the time of the defendant's assertion, ③ there was no special object that could be seen at the time between the defendant, police officers, and C, and there was no special circumstance that the defendant could not take another click at that time. In addition, the above assertion was rejected on the grounds that there was no special circumstance that the defendant could not take another click at that time.

In light of the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just, and the defendant's allegation of mistake is without merit.

3. Determination of the wrongful assertion of sentencing is a favorable circumstance, such as the fact that the instant crime did not have a significant impact on the judgment, and that there was no same criminal record.

However, perjury is an offense that obstructs the proper exercise of judgment authority, which is a judicial action of the country, and the discovery of substantial truth, and requires strict punishment after the court below sentenced it.

유사 판례

-서울남부지방법원 2018.10.02 2017노1759

-서울서부지방법원 2017.08.31 2017노629

-의정부지방법원 2018.11.15 2018노339

-서울서부지방법원 2017.11.02 2017노900

-서울서부지방법원 2017.07.27 2017노557