위증교사등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months and for six months, respectively.
1. The summary of the grounds for appeal is too heavy (one year of imprisonment for the defendant A, and ten months of imprisonment for the defendant B).
2. Determination of perjury requires strict punishment as an offense that undermines the appropriate exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth.
However, the full bench of the relevant case recognized that Defendant A received KRW 10 million through two times from Defendant B, and sentenced the Defendants guilty and found the Defendants guilty that the Defendants did not have any substantial influence on the outcome of the trial, and that the Defendants appeared to have committed a crime in the first instance, and that the Defendants appeared to have committed a crime in favor of the Defendants, shall be considered as normal in favor of the Defendants.
In addition, considering all the sentencing conditions indicated in the records of this case, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the punishment imposed by the lower court against the Defendants need to be re-determined because it is too unreasonable, given that each sentence imposed by the Defendants is too unreasonable, and thus, the punishment needs to be re-determined.
3. The judgment of the court below is reversed on the grounds that the defendants' appeal is with merit, and the following judgment is delivered through pleading.
[C] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the respective corresponding column of the judgment below, except for the alteration of the Defendants’ respective legal statements to “1. The Defendants’ respective legal statements” in the summary of the evidence to “1. The Defendants’ respective legal statements” as stated in the respective corresponding column of the judgment below. As such, they are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 152(1) and Article 31(1) of the Criminal Act; Defendant A who choose to imprisonment with labor: Article 152(1) of the Criminal Act; Article 152(1) of the Criminal Act; Article 152(1) of the choice of imprisonment with labor.