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(영문) 전주지방법원 2014.07.04 2014노365

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one year of imprisonment, one year of suspended execution, and one hundred and sixty hours of community service order) on the gist of the grounds of appeal is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is somewhat unreasonable, considering the following: (a) the Defendant actively prepared a confirmation document before the Defendant was present and submitted to the court before he was present as a witness; (b) perjury is a proper exercise of judgment authority, which is a judicial action of the State, and requires punishment corresponding to the crime that obstructs the discovery of substantial truth; (c) the Defendant’s confession of the crime of this case; (d) the Defendant’s testimony does not affect the outcome of the trial; (e) the Defendant’s health conditions are not good due to the merger of urology and the climatic aftermath; and (e) the Defendant does not have any criminal record exceeding the same criminal record or fine.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;