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(영문) 청주지방법원 2014.06.20 2014노197
위증
Text

The prosecutor's appeal is dismissed.

Reasons

1. Offense of perjury against the grounds for appeal requires strict punishment for a crime that obstructs the proper exercise of judgment authority, which is a judicial action of the State, and the discovery of substantial truth, and the defendant's perjury is merely a mere fact about scarcitys and does not have significance. The defendant campaigned to F in relation to the election of the 19th National Assembly members and received money as a salary (the defendant was punished as a violation of the Public Official Election Act as stated in the judgment below) not only in the case of violation of the Public Official Election Act against F as a witness, such as the crime in the instant case of violation of the Public Official Election Act with respect to F, but also in the case of the crime in this case, he made an affirmative false testimony with the content that corresponds to F's change of opinion. The fact

However, considering various sentencing conditions in the records, such as the Defendant’s age, character and behavior, the background of the crime, and the circumstances after the crime, the Defendant’s punishment (one year of imprisonment, two years of suspended execution, 120 hours of community service) is too unafford and unreasonable, considering the following: (a) there was no record of being punished for the same kind of crime; (b) equity with the case where the Defendant was tried with the final and conclusive criminal act as stated in the judgment of the court below; and (c) the Defendant’s perjury appears to have a significant impact on the trial result; and (d) it cannot be deemed that the lower court’s punishment (one year of suspended execution, two years of

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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