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(영문) 서울중앙지방법원 2017.09.14 2017노2215

위증

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (six months of imprisonment) is too unreasonable.

Judgment

Perjury is a serious punishment because of the size of social harm, such as creating confusion and incompetence in the judicial action of the State, by an act impeding the discovery of substantial truth of the judicial body and the proper exercise of judicial power through this, etc. The defendant complained of the wife A in a criminal case against himself/herself as a crime committed under the initiative of the husband A in the defense justice case against him/her, and the judgment of suspended execution became final and conclusive (Evidence No. 5 of the evidence record), and the fact that the crime was proved to the effect that he/she was present as a witness in the criminal case against A and was not very good that the nature of the crime is

However, there are circumstances that may be considered in the motive of the crime, such as the fact that the defendant recognizes the crime of this case and reflects the fact that the perjury of the defendant does not significantly affect the result of the trial, that there is no record of punishment for the same kind of crime, and that the defendant's crime was derived from the intent of lowering the level of punishment A, the husband, and that there is an intention to reduce the level of

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.