beta
(영문) 대전지방법원 2016.04.14 2015노3848

위증

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won) against the Defendant is too unreasonable.

2. The fact that the Defendant made a confession of the instant crime and reflects his mistake is favorable to the Defendant.

However, in full view of the fact that perjury requires strict punishment for a crime that causes confusion and incompetence in the judicial action of the State by interfering with the trial for finding the truth of the court, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the judgment of the court below exceeded a reasonable limit of discretion.

It does not appear.

Therefore, the defendant's improper assertion of sentencing is without merit, since the sentence of the court below against the defendant is too excessive and unfair.

3. In conclusion, 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