위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination perjury is a crime that obstructs the proper exercise of judgment authority, which is a national judicial action, and the discovery of substantial truth, and requires strict punishment corresponding thereto.
However, when the defendant was in a trial, the defendant led to confession and reflect in depth on the crime of this case, and the defendant's perjury did not have any effect on the trial result.
In addition, the defendant does not have any record of crime except for the punishment of a fine due to a wound of light duty and a serious injury in 1987, and it seems that there is no record of crime, and continuous mental and medical treatment is necessary due to current depression, depression, etc.
In addition, considering the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, the situation before and after the crime, etc., the punishment sentenced by the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The person who was unable to obtain instructions from C or C from each Daegu Bank Account is the name in receipt of instructions from C or C, and the person who withdrawn cash from each Daegu Bank Account is the name in receipt of instructions from C or C.” The summary of the facts charged and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the addition of “the Defendant’s trial statement in the face of the evidence” to “the name in receipt of instructions from C or C,” and as stated in each corresponding column of the court below pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 152 of the Criminal Act concerning the facts constituting an offense and Article 152 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);