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(영문) 수원지방법원 2015.07.16 2015노2132

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. It is true that this case is a case of perjury by the defendant, and that perjury is a crime that disturbs the fair progress of the judicial process, and its nature is not weak.

However, when considering the following facts: (a) the Defendant was in the trial for the first time, in depth, and all of the instant crimes were led to the confession of the Defendant; (b) the Defendant’s perjury did not affect the outcome of the trial; (c) the Defendant’s perjury did not affect the outcome of the trial; (d) the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the offense; and (e) all the sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, family relationship, circumstances after the commission of the offense, etc., the Defendant’s confession was too unreasonable; and (e) the Defendant’s above assertion is reasonable, on February 26, 2015.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant, recognized by the court, and the summary of the evidence, are as shown in each corresponding column of the judgment of the court below, in addition to adding "1. The defendant's trial statement at the court below" to the summary of the evidence, so they are cited 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 on the stay of execution;