logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.12.06 2012노2927
위증
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On September 14, 2012, the Defendant had lawfully received the notification of the receipt of the trial record from this court on September 14, 2012, but did not file the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal (However, there is only the grounds for appeal filed on October 25, 2012, which is limited to the above period), and there is no statement of grounds for appeal in the petition of appeal, and even if examining the judgment of the lower court, no grounds for

Therefore, pursuant to Article 361-4(1) of the Criminal Procedure Act, the defendant's appeal shall be dismissed by decision, but as long as the prosecutor's appeal is ruled on the appeal, the defendant's appeal shall be dismissed by decision as ordered in a lump sum.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution, and 120 hours of community service order) that the court below sentenced to the defendant is too uneasible and unfair.

B. In light of the fact that the crime of perjury, such as this case, constitutes a serious crime that obstructs the appropriate exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth, and that the Defendant reported false facts to the past investigation agencies and was sentenced to punishment for the crime of false accusation in the instant case, even though there was a past record of having been sentenced to punishment for the crime of false accusation, it is also deemed that the Defendant should be punished strictly, as alleged by the prosecutor, in light of the fact that the Defendant made false testimony with disadvantageous contents

However, on the other hand, ① the confession of the instant crime by the Defendant from the investigative agency to the court of the trial at the court at the trial at the trial at the trial at the trial at the trial at the court, ② there is no criminal record punished for perjury, ③ the perjury of the Defendant does not affect the trial at the trial at the court at the trial at the trial at the court at the trial at the court at the trial at the court at the trial at the

arrow