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(영문) 대구지방법원 2017.07.21 2016노5634
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant makes a confession and reflects all crimes late, that the defendant's perjury statement does not affect the result of the trial on the fraudulent case against C with respect to the defendant, that there is no record of the same crime, that the defendant made a perjury for the defendant's husband, that is, the defendant's husband's custody, making it difficult to maintain his/her livelihood due to his/her death. However, perjury causes confusion and incompetence in the judicial action of the State, which requires strict punishment, and that the defendant's statement is a statement about important facts in the judgment of not guilty of the fraudulent case against C, other unfavorable circumstances such as the defendant's age, sexual behavior, environment, motive and means of the crime, and the circumstance after the crime, etc., and considering all the sentencing conditions in the instant case, the defendant's assertion is unreasonable because it is too too too unreasonable. Thus, the defendant's assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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