모해위증
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 120 hours of community service) against the Defendant is too unreasonable.
2. The instant crime is a perjury in a criminal case against another person for the purpose of undermining another person’s conspiracy, and thus making it difficult to discover substantial truth and disturbing the judicial order, and thus, the Defendant need to be punished strictly.
However, in light of the fact that the defendant is both aware of the facts of the crime of this case and reflects on the fact that the defendant's perjury does not affect the actual trial result, that the defendant's perjury does not affect the defendant's punishment for the same kind of crime, that the defendant resides in the Cheongdo, that it seems that the community service order against the defendant against the defendant is too harsh, and that the defendant's social service order against the defendant is too harsh, considering the fact that the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., such as the defendant's age, sexual behavior and environment, the motive, means and consequence of the crime, the defendant's argument is somewhat unreasonable, and therefore, the defendant's argument is reasonable.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the evidence and the summary of the judgment of the court below, with the exception of changing the "1. Part of the Prosecution's Examination Protocol for the Defendant's Prosecution" and "1. Part of the Police Examination Protocol for the Defendant's Criminal Suspect" into the "1. The Defendant's trial testimony" as stated in each corresponding column of the judgment of the court below, they are cited as it is by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 152 (2) and (1) of the Criminal Act relating to the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;