beta
(영문) 광주지방법원 2018.09.04 2018노2036

위증

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant was made in the first instance, and the confession of the crime of this case was made and reflected (Provided, That since the judgment of the case was made in advance, it does not constitute the grounds for necessary reduction or exemption under Article 153 of the Criminal Act) and the first crime are favorable circumstances.

However, perjury is an offense detrimental to the function of the state to justice by making it difficult to find the truth of the court or the inquiry agency so that it is strictly punished. The defendant's false statement corresponds to an important part related to the issue in the trial, which may affect the result of the trial, due to the defendant's false statement, I seems to have suffered considerable mental pain, and I want to punish the defendant's severe punishment even when it comes to the trial.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문