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(영문) 전주지방법원 2012.10.24 2012노897
위증
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Since the general meeting of the F clan G was held on November 20, 2004 after the end of the ordinary meeting of the F clan on November 20, 2004, the defendant did not testify falsely.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. Examining the reasoning of the lower judgment regarding the assertion of mistake of facts in light of the records, the lower court’s judgment convicting the Defendant on the grounds that it is difficult to recognize that the inaugural general meeting of the G clan was held after the completion of the general meeting of the F clan on November 20, 204, by comprehensively taking account of various circumstances as stated in its reasoning, is just and acceptable, and there is no error of mistake of facts as alleged in the grounds of appeal.

Therefore, this part of the defendant's argument is without merit.

B. In light of the legislative intent of perjury in order to secure the propriety and fairness of the trial procedure on the assertion of unfair sentencing, the defendant should be punished strictly. However, in light of the fact that the defendant has no criminal history, the defendant's perjury seems not to affect the outcome of the trial in the relevant case, and that the defendant's punishment is deemed not to affect the outcome of the trial in full, and in full view of all the sentencing conditions indicated in the instant argument, including the defendant's age, character and conduct, health, family relationship, and circumstances after the crime, the court below's punishment is deemed to be unreasonable, and therefore,

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Criminal Act and Article 152 (1) of the Criminal Act concerning the selection of criminal facts;

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