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(영문) 서울동부지방법원 2018.08.16 2018노371

위증

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. In particular, the reasons for sentencing indicated in the argument and record of the instant case, in light of the fact that the Defendants were found to have committed the instant crime at the time of the trial, and that the victims of the instant case subject to perjury did not want the punishment of the Defendants in the trial, that Defendant A was punished once by a fine, and that Defendant B was the initial offender, the punishment of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the following decision is rendered again after pleading.

[Grounds] 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 each corresponding column in addition to adding “1. Defendant’s oral statement” to the summary of the evidence of the court below’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The crime of perjury in the sentencing of Article 62-2(1) of the Criminal Code of the Social Service Order needs to be strict since it is difficult to detect the substantive truth, and it impedes the judicial functions of the State.

However, the sentencing conditions, such as the above circumstances and the Defendants’ age, sex, environment, and family relationship, are comprehensively considered, and the sentence is determined as per Disposition.