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(영문) 의정부지방법원 2015.11.24 2015노2081

위증

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is too unreasonable.

2. On July 16, 2015, the Defendant’s judgment on the grounds for appeal by Defendant A was sentenced to a fine of three million won for perjury by the court of the lower court, and appealed on July 21, 2015, and filed an appeal on July 21, 2015, the record reveals that: (a) on August 25, 2015, the Defendant was unable to submit the statement of grounds for appeal within 20 days from the receipt of the receipt of the notification of the receipt of the trial record; (b) there is no entry in the petition of appeal in the grounds for appeal; and (c) further,

In addition, as seen below, the sentence of the court below is too unreasonable because it is too unreasonable.

3. Determination on Defendant B’s grounds of appeal

A. It is recognized that the Defendant, in the trial of the party, led to the confession and reflect of the instant crime, and that the Defendant’s economic situation is not good.

B. However, in view of the fact that perjury is an act of making it difficult to discover the truth through a trial to force the exercise of the State’s judicial power, it is necessary to strictly punish the perjury. In full view of the following circumstances: (a) the Defendant has been sentenced one time to suspended the execution of the larceny crime; (b) the Defendant has been punished once a fine was imposed; and (c) the Defendant’s age, details of the crime; and (d) other circumstances constituting the conditions for sentencing as indicated in the instant argument, including the circumstances after the crime, etc., even if considering the favorable circumstances of

C. Therefore, the defendant's above assertion is without merit.

4. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.