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(영문) 수원지방법원 2015.06.12 2014노6696

위증

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the prosecutor’s Defendants (two years of suspended execution and one hundred and sixty hours of community service order in each of the eight months of imprisonment) is too unhued and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. In light of the fact that the crime of perjury by the Defendants in this case was detrimental to the justice by impeding the discovery of substantial truth, and the nature of the crime is grave, and the Defendants’ testimony, including the facts charged in this case, was a major part of the judgment on the charge of violation of the Public Official Election Act against D, it is necessary to punish the Defendants solemnly.

However, in full view of the following circumstances: (a) the Defendants were deemed to have committed the instant crime for the first time in the trial; (b) the Defendants were the first offender; (c) the Defendants’ perjury did not affect the outcome of the trial against D; and and (d) other circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too heavy or unreasonable; and therefore, (d) the Defendant A, his defense counsel, and the prosecutor’s assertion

3. As such, the appeal by Defendant A and the prosecutor against the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.