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(영문) 서울서부지방법원 2015.10.06 2015노1142
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (a fine of KRW 1.5 million) against the Defendants is too uneased and unreasonable.

2. The crime of this case committed by the Defendants in a separate criminal case against Defendant B, C, etc. (hereinafter “related case”) by attending and sworn as a witness, giving an oath, thereby undermining the fair judicial order. The crime of this case is not likely to be committed.

However, in the relevant case, Defendant B and C agreed in full with the victim F, and the sentence of a fine of KRW 3 million has already been made to Defendant B and C, and the details of the Defendants’ above-mentioned punishment were either their own criminal cases or the criminal cases of their spouse, and the Defendants did not have the same criminal records, etc., the sentencing factors favorable to the Defendants, such as the Defendants’ age, character and behavior, environment, the process and consequence of the instant crime, and all other sentencing factors indicated in the instant argument, including the circumstances after the crime, are adequate.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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