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(영문) 대법원 2013.11.14 2013도5657

모해위증

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence of the first instance court’s adoption maintained by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts contrary to logical and empirical rules or by misapprehending the legal principles on perjury, or failing to exhaust all necessary deliberations.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years in the original trial. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable in the instant case where the defendant

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.