(영문) 대구지방법원 2015.08.27 2015노2735 | 리걸엔진

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(영문) 대구지방법원 2015.08.27 2015노2735

위증

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, pursuant to Article 153 of the Criminal Act, if a person who committed perjury under Article 152 of the Criminal Act voluntarily surrenders himself/herself before the judgment or disciplinary action on the above-mentioned case becomes final and conclusive, the punishment shall be mitigated or exempted. In the lower court, the Defendant, while denying the crime of perjury, led to the confession of the above-mentioned case in the first instance court, and the Defendant’s confession of the above-mentioned case (Defendant E) was pending in the court under Supreme Court Decision 2015Do949 at present.

Therefore, in accordance with Article 153 of the Criminal Code, punishment for the defendant should be mitigated or exempted, so in this respect, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts charged and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 153 and 55(1)3 (self-confluence) of the Criminal Act are as follows: (a) the Defendant, prior to the confirmation of the Defendant’s case against E, recognized the crime of perjury; (b) the perjury of this case does not affect the outcome of the trial at the first instance court of the said Defendant case and the appellate trial; and (c) the fact that the Defendant has no same criminal record is favorable to the Defendant.

On the other hand, the crime of perjury in this case is substantial in the court.

참조조문

유사 판례

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