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(영문) 전주지방법원 2016.06.02 2015노1843

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unfilled.

2. It is recognized that perjury is a serious crime that interferes with the court’s trial for discovering the truth and causes confusion and incompetence in the judicial action of the State, and requires strict punishment.

However, in light of the following facts: (a) the Defendant recognized the instant crime, and instead instead did not bring a criminal action with E, and instead did not bring a criminal action, and (b) the instant crime appears to have no effect on the trial result of the instant case; (c) the Defendant did not have been punished for the same kind of crime; and (d) the Defendant did not have any record of punishment exceeding the fine; and (c) other factors of sentencing as indicated in the records and theories of the instant case, such as the Defendant’s age, sex behavior, motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.