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(영문) 부산지방법원 2014.04.25 2013노3779
위증
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of the court below (a fine of 4 million won, a fine of 2 million won, and a fine of 2 million won) is too unreasonable, and the prosecutor asserts that the sentence of the court below against the defendant A is too unhued and unfair.

2. The crime of this case was committed with the intent of reducing the sentence to be sentenced to D in a fraudulent case against D. It is recognized that the perjury was a crime that interferes with the discovery of substantial truth and impairs the trust in the judicial affairs of the State, and that the Defendants denied the crime by an investigative agency.

However, in light of the fact that the Defendants recognized the instant crime in the course of trial and deemed to be against their mistake, and that the judgment of conviction was pronounced against D despite the Defendants’ perjury, the instant crime does not affect the conclusion of the judgment, and in the case of Defendant A, the Defendant was already sentenced to a punishment due to multiple crimes including the fraudulent case related to the instant crime, and other various circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime, are considered to be adequate, too heavy or unabrupted.

Therefore, the defendants and the prosecutor's arguments are without merit.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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