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(영문) 인천지방법원 2014.11.21 2014노2981

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. Although perjury is a serious criminal that interferes with judicial action, the fact that the crime of perjury is frequently occurring in our society, and the necessity of strict punishment is disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant committed the instant crime at the time of the trial; (b) there is no history that the Defendant was punished for the same kind of crime or sentenced to a fine exceeding the fine; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and the circumstances before and after the commission of the crime, the Defendant’s punishment against the Defendant is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.