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(영문) 대구지방법원 2017.02.03 2016노3464
위증
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. In light of the fact that perjury is an offense that impedes the proper judicial function of the State and damages the people’s trust in the judiciary and trial, and requires strict punishment corresponding thereto, and that the Defendant’s perjury may have a critical impact on the trial of the relevant criminal case, the nature of the offense is not somewhat weak.

However, the defendant recognized the crime of this case for the first time, and is in violation of depth, and the defendant's false testimony does not seem to have affected the result of the trial in the relevant criminal case.

In addition, the defendant seems to have committed the crime of this case for 70,000 won of a fine without receiving economic compensation or promising to do so, and there is no particular criminal history except for punishment of a fine once for a crime of this type.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence thereof, and circumstances after the instant crime, it is recognized that the sentence imposed by the lower court is too unreasonable due to its excessive reason.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act applicable to the relevant criminal facts and Article 152 (1) of the Criminal Act that selects a punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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