beta
(영문) 창원지방법원 2018.06.21 2018노145

위증

Text

All appeals filed by a prosecutor, the defendant, and the defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A and B: each fine of KRW 5 million, and Defendant C: fine of KRW 2 million) of the lower court is too uneased and unreasonable.

B. Defendant A and B’s above sentence is too unreasonable.

2. Determination of perjury requires strict punishment for a crime that may undermine the discovery of substantial truth and undermine the trust in the national judicial system. While the same examination process is conducted, the Defendants made false statements on several occasions, the fact that the Defendants made false statements are disadvantageous to the Defendants.

However, the favorable circumstances should be considered in determining the punishment against the Defendants, such as that the Defendants did not have any history of punishment for the same crime, that Defendant C was the first offender, that the Defendants’ false testimony did not affect the conclusion of the judgment, and that the Defendants’ health condition or economic condition appears to be insufficient.

In addition to the above circumstances, in full view of the motive and background leading up to the instant crime, age, sexual conduct, environment, and various conditions of sentencing as shown in the records and arguments, etc., the court below held that the sentence imposed by the Defendants is too minor, or that the sentence imposed by the Defendants A and B is too too unreasonable, and thus, it exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the prosecutor and the defendant A, and B's argument of sentencing are without merit.

3. As such, the prosecutor and the defendant A and B’s appeal are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Provided, That since it is evident that “G” in Articles 4, 9, and 10 of the judgment of the court below is a clerical error in Q, the court below’s ex officio correction is made in accordance with Article 25(1) of the Rules on Criminal Procedure.