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(영문) 수원지방법원 2017.11.17 2017노5679

위증

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Article 153 of the Criminal Act provides that when a person who has committed perjury under Article 152 (1) of the Criminal Act makes a confession or surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.

According to the records, on July 13, 2017, the Defendant led to the confession of the facts charged on the fourth trial date of the lower court on July 13, 2017, and the judgment in the lawsuit for the payment of goods (No. 5552), which was rendered by the Defendant, was finalized by the final judgment of the Supreme Court rendered on September 7, 2017, on the grounds that the judgment in the lawsuit for the payment of goods (No. 2015) was final and conclusive by the final judgment of the Supreme Court, the punishment shall be mitigated or exempted pursuant to Article 153 of the Criminal Act against the Defendant who led to confession

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio, and the following is again decided after pleading, on the grounds of the above ex officio reversal.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the crime, Article 152 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 153 and 55 (1) 3 of the Criminal Act mitigated by law;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the crime of perjury with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is detrimental to the nation’s judicial function, and thus, requires strict punishment is disadvantageous to the defendant.

On the other hand, however, it is.