logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.21 2017노2590
위증교사
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below's sentence (the imprisonment of April), the defendant B (the imprisonment of March, the suspension of the execution of three months, the community service work 200 hours) imposed on the defendants is too unfasible and unfair.

B. Defendant A’s sentence imposed by the lower court is too unreasonable.

2. Determination

A. Defendant A (public prosecutor, Defendant A) perjury is an offense that undermines the proper judicial function of the State and damages the people’s trust in the judiciary and trial, and requires strict punishment corresponding thereto.

On October 23, 2014, the Defendant was sentenced to one year and four months for a violation of the Narcotics Control Act, and completed the execution of the sentence on August 19, 2015. The Defendant committed the instant crime during the repeated crime period. On December 2, 2016, the Defendant was sentenced to imprisonment with prison labor at the Jung-gu District Court for a violation of the Narcotics Control Act in order to reduce the sentence. In light of the background and contents of the crime and the fact that Defendant B was indicted for perjury, it is not easy that the Defendant committed the instant crime.

On the other hand, when the defendant was in the first instance, he is against the recognition of the crime of this case.

Defendant

B’s perjury did not affect the outcome of the case No. 2016 No. 3626.

There is no record that the defendant was punished for the same crime.

On December 2, 2016, the Defendant was sentenced to imprisonment with labor for and on April 8, 2017 for a violation of the Narcotics Control Act, and the judgment becomes final and conclusive on April 8, 2017. Since the instant crime was in a concurrent relationship with the instant crime for which the judgment became final and the subsequent crime Article 37 of the Criminal Act, a punishment shall be determined by taking into account the equity in cases where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act.

In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence of the lower court is too weak.

arrow