위증교사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. The judgment of the court below committed the above crime to be exempted from punishment for the crime of violation of the Road Traffic Act. Perjury requires strict punishment for the crime that interferes with the proper exercise of jurisdiction, which is the judicial action of the State, and the discovery of substantial truth. On the other hand, there are no criminal records identical to the defendant, the defendant recognizes and reflects his mistake, and the defendant voluntarily withdraws his request for formal trial after committing the crime of this case, which does not affect the trial result of the relevant case. The court below's assertion that the above evidence does not affect the trial result of the relevant case is unfair in light of other favorable circumstances such as the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and the scope of recommended punishment according to the sentencing guidelines of the Sentencing Commission [the scope of recommended punishment] [the scope of punishment] [the scope of punishment for the defendant's punishment]. Thus, the court below's assertion that the defendant's request for formal trial is unfair.
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 facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 31 (1) of the Criminal Act concerning the option of criminal facts;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances as examined in the above);
1. Social service order under Article 62-2 of the Criminal Act;