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(영문) 광주지방법원 2014.10.30 2014노974
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The judgment appears to have recognized the defendant's mistake and against himself, the defendant has no record of punishment, and the defendant has proved the above evidence as stated in the crime of this case in violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc. by the husband) against E, but the defendant's perjury did not affect the judgment of the above case. However, it is advantageous that the crime of this case does not affect the judgment of the above case. The crime of this case is highly harmful to the State and the society, such as hindering the proper exercise of judicial power of the State, impairing the people's trust in judicial and trial, and creating unnecessary litigation and judicial expenses. In particular, even though the defendant was notified in the above case that he has the right to refuse to testify as his spouse, and is punished as perjury if he makes a statement contrary to his memory without exercising the right to refuse to testify and without exercising his right to refuse to testify, considering all unfavorable circumstances, age, character and behavior of the defendant, environment, circumstance and result of the crime of this case and circumstances after the crime of this case, the defendant's argument is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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