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(영문) 의정부지방법원 2013.05.03 2013노384

위증

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment) is too unhued and unreasonable.

2. The crime of false judgment is not only a crime that obstructs the proper exercise of the State's criminal or disciplinary power, but also an individual who intends to be subject to criminal punishment or disciplinary action is in need of strict punishment due to poor criminal nature. However, the defendant does not want to be punished against the defendant by submitting a letter of withdrawal of complaint to the effect that "A person who intends to be subject to criminal punishment submits a letter of withdrawal of complaint to the effect that "a person who seeks to seek measures against the defendant to the extent that a significant amount of damage has been recovered through civil procedure." The defendant has a final and conclusive sentence of 10 months as stated in the first criminal charge with regard to the crime that has proved to the same effect in the criminal procedure related to this case. This is in the relation between this case and the latter concurrent crimes under Article 37 of the Criminal Act, and it is necessary to consider equity with the case where the judgment was rendered at the same time in consideration of all the circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and environment, motive and means and consequences of the crime in this case, circumstances after the crime.

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