위증교사
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. On January 17, 2018, the Defendant asserted that he led to the confession of the crime of perjury during the investigation process, while submitting a statement of reasons for appeal on the grounds of unfair sentencing, misunderstanding of facts, and misunderstanding of legal principles, which was not timely filed by the lawful reason for appeal.
Accordingly, Article 153 of the Criminal Act provides that when a person who committed perjury makes a confession before the judgment of the said case became final and conclusive, the punishment shall be mitigated or exempted as necessary.
According to the evidence duly adopted and examined by the court of the court below, the defendant led to the confession of the crime of perjury during the interrogation by the public prosecutor on February 13, 2017, and the violation of the Act on the Control of Narcotics, Etc. at the time, Incheon District Court Branch Decision 2016 Gocheon-gu, Incheon District Court Decision 2016 Gocheon-gu, Incheon District Court Decision 2440 decided July 21, 2017 (the above subject case was finally affirmed on July 21, 2017). Accordingly, the court below's judgment cannot be maintained since the defendant's perjury should be mitigated or exempted pursuant to Article 153 of the Criminal Act.
2. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part of the judgment below against the defendant is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence in 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 of the Criminal Act, Articles 152 (1) and 31 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Articles 153 and 55(1)3 (a) of the Criminal Act to be mitigated by law have been led to confession.