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(영문) 서울중앙지방법원 2015.10.12 2015노2682

위증

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 240 hours of community service) by the court below is too unreasonable.

2. The defendant's perjury of this case is not a serious crime that obstructs the judicial branch's inherent performance of its duties, such as the exercise of appropriate jurisdiction through the discovery of substantial truth.

The Defendant changed his existing position that denied the fact of perjury in the past trial and made a statement to the effect that he led to the confession of the fact of perjury. The content of the statement was that the Defendant was the wind that the Defendant relied only on his memory even though his memory was uncertain due to a simple mistake, and that there was no intention to seek the benefit of the Defendant or to inflict damage on G.

However, according to the records, in the civil lawsuit related to the damages amounting to KRW 00 million which the victim raised against the company in which the defendant actually operated, the defendant intentionally made a false testimony in order to deny the validity of the custody certificate prepared by him/her, and it is unclear whether the defendant is divided into his/her mistake in fact.

However, there is no particular influence on the result of the judgment given by the defendant's perjury, and all of the decisions of the court below which became final and conclusive for the crime of this case are favorable to the defendant.

In addition, considering the various factors, such as the means and methods of the instant crime, the age, character and conduct, and the environment of the Defendant, the sentence imposed by the lower court seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As such, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.