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(영문) 서울남부지방법원 2019.01.15 2018노2006

위증교사

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, by misapprehending the legal principles, led to the confession of each of the crimes in this case at an investigative agency and the lower court, the lower court did not take such measures despite that he had been given mitigation or exemption of punishment by applying Article

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to Article 153 of the Criminal Act.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to Article 153 of the Criminal Act, when a person who has committed perjury under Article 152 of the Criminal Act makes a confession or surrenders himself/herself before a judgment or disciplinary action on the relevant case becomes final and conclusive, the relevant punishment shall be mitigated or exempted. As such, the confession prior to such a final and conclusive judgment shall be stipulated as a cause for the necessary mitigation or exemption. Since there is no legal limitation as to the above confession procedures, the confession by the court or the investigative agency as a defendant or suspect of the relevant perjury shall also be included in the concept of confession.

In addition, as long as the defendant made a confession, even if he withdraws the confession after the confession, the punishment should be reduced or exempted as necessary.

In light of the above legal principles, according to the evidence duly adopted and examined by the court below, the defendant voluntarily surrenders or led to the crime of aiding and abetting the above evidence by submitting a false written application to G, H and I, who is a juvenile, at the time of being investigated by the prosecutor on October 16, 2017, before the Seoul Southern District Court 2015Ma2364, which instigated the above evidence as stated in each of the facts charged in the instant case, became final and conclusive.

Thus, although the defendant actually denied each of the crimes of this case in the court below's trial, the defendant never denied them.

(b)if any;