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(영문) 부산지방법원 2018.01.25 2017노3750

위증

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal asserts that the court below's punishment (the fine of KRW 5 million for each of the defendants A and B, the fine of KRW 6 million for each of the defendants C) declared by the defendants is too unreasonable for the defendants, and that the prosecutors are too unfasible and unfair for the prosecutors.

2. Determination

A. Perjury against Defendant A and B is an offense that interferes with the proper exercise of the State’s judicial authority by making it difficult to discover substantial truth, and thus requires strict punishment. In particular, the instant crime was committed by the said Defendants, on the grounds that the said Defendants made a false statement concerning essential matters in the judgment of conviction in the court, and thus, the quality of such offense is not somewhat weak.

However, it is necessary to consider Defendant A and B as a favorable condition that there is no other criminal punishment except for Defendant A and B who has been punished once by a fine, and Defendant B as a primary offender.

When comprehensively taking into account such circumstances as the above Defendants’ respective ages, sexual conduct, environment, motive for committing an offense, and circumstances after committing an offense, the lower court cannot be deemed to have exceeded the reasonable scope of discretion, or be deemed to have exceeded, or to be undue, the punishment prescribed by the said Defendants is too heavy or unbrupted.

B. A favorable condition is that Defendant C recognizes and reflects a criminal act, there is no record of criminal punishment exceeding a fine, and that the Defendant is aged 76 years of age.

However, perjury is an offense that obstructs the proper exercise of judicial power of the country and requires strict punishment.

In order to obtain a verdict of not guilty in his criminal case, the defendant instigated the perjury to B, and prepared it to B in the process.

As long as the defendant actively distorted criminal trials and interferes with the exercise of the state's judicial power in order to escape from his punishment, it is necessary to punish the defendant with severe penalty corresponding thereto.