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(영문) 부산지방법원 2014.06.19 2014노981

위증

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of two million won.

The defendant does not pay a fine.

Reasons

1. The summary of the grounds for appeal by the lower court (a fine of three million won) is too unreasonable.

2. The crime of this case was committed by the Defendants after attending a witness in a criminal trial and making a false statement after taking an oath, and this is not against the nature of the crime as it interferes with the court’s judicial function for discovering substantive truth.

However, in light of the fact that the defendants were accused of all the crimes of this case (However, the judgment of the case where the defendants gave a perjury has already become final and conclusive) and they appear to repent of their mistakes, Defendant A had no special criminal record except twice before and after the fine due to a violation of the Road Traffic Act, Defendant B had been sentenced to a fine due to a violation of the Road Traffic Act, etc., Defendant B had the wife and children who should support each of the defendants, and other factors that form the conditions for sentencing, such as the age, character and conduct of the defendants, motive for the crime of this case, circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are all the same as the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 (1) of the Criminal Act and Article 152 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;