(영문) 창원지방법원 2014.06.26 2014노287 | 리걸엔진

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(영문) 창원지방법원 2014.06.26 2014노287

위증

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) by the lower court is too unreasonable.

2. The issue of perjury is that there is a need to strictly punish the Defendants as an offense that seriously undermines the judicial function of the State by making it difficult to discover the substantive truth of the court.

However, in light of the fact that each of the crimes of this case committed by the Defendants did not affect the outcome of the trial of the case, Defendant A did not have any record of prior punishment, and Defendant B was punished only once with respect to the violation of the Sound Records, Video Products and Game Software Act, and the fact that the Defendants reflects their mistakes, etc., the court below’s punishment is somewhat inappropriate in light of the following circumstances: the Defendants’ age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime committed, etc., and the sentencing conditions specified in the arguments and records of this case, including the circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal for the conclusion is with merit, and the following is ruled again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 152 (1) of the Criminal Act and Article 152 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

2. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse.

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.

참조조문

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