위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of a fine) is too unreasonable;
(2) The crime of perjury is a crime that obstructs the proper exercise of jurisdiction, which is a judicial action of the State, and the discovery of substantial truth, and requires a corresponding punishment. In light of the content, method, etc. of the crime of this case, the liability for the crime of this case is not easy.
However, in full view of the favorable circumstances such as the Defendant’s age, character and behavior, environment, background and method of the crime, circumstances after the crime, and criminal record relation, etc., the sentence imposed by the lower court is unreasonable, in view of the following: (a) the Defendant’s testimony does not affect the outcome of the trial in the case where the Defendant was found guilty; (b) the Defendant committed the crime of this case for the purpose of the wife C; and (c) the Defendant committed the crime of this case for the purpose of the wife C in some circumstances; and (d) other favorable circumstances such as the Defendant’s age, character and behavior, environment, background and method of the crime; (b) the circumstances after the crime, and criminal record relation.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again ruled
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial statement” to the summary of the evidence in the original judgment, it is identical to each corresponding column of the original judgment; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.