위증
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
1. The judgment of the court below on the gist of the grounds for appeal is that it constitutes a violation of the law and affected the judgment.
In addition, the punishment prescribed by the court of the court below (2 million won) is too unreasonable.
2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of misapprehension of the legal principles, it is just and acceptable for the court below to find the Defendant guilty of the facts charged in the instant case as stated in its holding.
C It is true that the chests of D are smugglinged.
In addition, the defendant was satisfy in the field, and was well memoryd at the time of testimony.
그런데 피고인은 법정에서 선서하고도 C이 D의 가슴에 손을 댔을 뿐이고 밀치지는 않았다고
As a statement made, it should be viewed that a false statement was made.
The defendant's assertion that there is a misunderstanding of legal principles affecting the judgment of the court below is not accepted.
There is a circumstance that the health or circumstances of the defendant are not good about the unfair argument of sentencing.
However, the criminal liability of the defendant, which was proved by the court, is not against the law.
The court of the court below rendered the sentence against the defendant in consideration of the above positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of 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 commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, the defendant bears the cost of the trial for the original instance that the court below borne.