beta
(영문) 서울동부지방법원 2013.12.06 2013노1109

위증

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (2,00,000 won of fine) imposed by the court below against the defendant is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized, the defendant's perjury was caused, and the defendant's perjury did not have any particular influence on the criminal trial against B, and the defendant's punishment was sentenced on June 20, 2013 at the Seoul East Eastern District Court, which became final and conclusive on June 28, 2013, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, the crime of perjury is a crime infringing on the State's fair judicial function. However, there is a need for strict punishment because the crime of perjury is an infringement of the State's fair judicial function. The court below, considering the circumstances favorable to the defendant, such as the motive and circumstance leading to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, the environment, occupation and family relationship, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.