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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (7 million won of a fine) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Perjury requires strict punishment for a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth, and the defendant was an important part in determining the establishment of a crime subject to perjury; and the defendant was sentenced to imprisonment with labor for one year on January 24, 2013 and for two years of suspended execution on January 31, 2013, and committed the instant crime during the period of suspended execution after the judgment became final and conclusive.
On the other hand, it is more favorable that the defendant has recognized his mistake, there is no previous conviction, that the defendant's perjury does not affect the result of a final trial, that the defendant is aged 70 years of age and that he supports the wife of the class 3 of long-term care class who is unable to lead a daily life due to the degradation of physical functions.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.