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(영문) 수원지방법원 2016.04.21 2015노4142
위증교사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal grounds (unfair sentencing) is a serious criminal that significantly undermines judicial action, and the crime of this case is to pay a fine in lieu of a fine when the defendant is punished for perjury.

In light of the fact that the nature of the crime that actively instigated perjury while promising to commit the crime is bad, and that the defendant continues to deny the fact of the crime and does not reflect on it, the sentence of the court below that sentenced the community service order for two years and one hundred and twenty hours of suspended execution in October is too unreasonable.

2. The court held that D, who received perjury from the Defendant, was present as a witness of a violation of the Music Industry Promotion Act against the Defendant, and that “at the singing room operated by the Defendant, brought to the beer by getting out of the customers and getting out of the singing room and getting out of the sing room.” However, it is difficult for the court to believe D’s above statement.

The judgment of conviction against the defendant based on other evidence and the judgment became final and conclusive as it is (the Suwon District Court Decision 2013 High Court Order 1507 High Court Order 2013 High Court Order 1507). The crime of this case does not have any particular influence on the result of the judgment; the defendant was sentenced to a suspended sentence of one year at the Suwon District Court on July 15, 200 and was sentenced to a suspended sentence of two years before the crime of this case; there is no record of punishment exceeding the fine prior to the crime of this case; there is a need to consider equity in the case of concurrent judgment with the crime of violation of the Music Industry Promotion Act which became final and conclusive on May 2, 2014; and in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the above assertion is without merit, and thus, is not justified.

3. The appeal by the prosecutor of the conclusion is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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