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(영문) 창원지방법원 2013.09.26 2013노939
위증
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (five million won of a fine) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. As to the assertion of unfair sentencing by both parties of the judgment, perjury is a serious crime that interferes with the court’s examination for finding the substantial truth and thus causes confusion and incompetence in the judicial action of the State, and thus requires strict punishment. Although the case of occupational breach of trust, etc. by the court 201No621 against the Defendant and the accomplice was already affirmed, the Defendant, who was the accomplice, testified in the first instance trial of the instant case with false testimony and appealed KRW 500,00 won for perjury in the Changwon District Court Jinwon District Court Jinju Branch Branch, and appealed the Defendant’s charges of perjury in the appellate trial, which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant's perjury does not have any particular influence on the conclusion of the relevant criminal procedure, the fact that the defendant has no record of punishment for the same kind of crime, and that the defendant is relatively old is favorable to the defendant.

In full view of the above circumstances, Defendant’s character, conduct and environment, the background and consequence of the instant crime, and all the circumstances constituting the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable. Therefore, each of the grounds for unfair sentencing by the Defendant and prosecutor are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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