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(영문) 청주지방법원 2015.08.13 2015노495
위증교사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are as follows.

When the defendant was in the trial, he confessions the crime of this case and is against the law.

In accordance with the defendant's perjury, the co-defendant B's perjury did not affect the conclusion of the judgment.

The defendant shall take into account the equality in cases where he has rendered a judgment simultaneously with a final and conclusive judgment entered in the first head of the crime.

The circumstances unfavorable to the defendant are as follows:

The defendant committed a crime of rape, etc. against B, and was convicted of a conviction, and abetted B with perjury actively in order to reverse the result of the judgment, and eventually, B caused the perjury in the appellate court.

The defendant's crime of this case requires strict punishment as it obstructs the proper exercise of jurisdiction, which is the judicial action of the country, and the discovery of substantial truth.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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