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(영문) 제주지방법원 2013.09.12 2012노398

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Although each of the instant offenses requires a strict punishment for a crime that actively infringes on the State’s criminal justice function, considering the following factors: (a) the Defendant was a minor under 18 years of age at the time of each of the instant offenses; (b) the Defendant was a minor under 18 years of age; (c) the Defendant’s character and conduct, environment, motive and circumstances leading to each of the instant offenses; and (d) the circumstances before and after the instant offenses, etc., the lower court’s sentence cannot be deemed unreasonable.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.