(영문) 의정부지방법원 2015.11.27 2015노1291

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Reasons

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줄 간격

자간(%)

(영문) 의정부지방법원 2015.11.27 2015노1291

위증

Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. We examine the judgment, and the crime of perjury is likely to impair the justice of the court by impairing the discovery of the truth of the substance of the court, and the need for strict punishment is recognized as the circumstances disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the crime in this case and against his mistake; (b) the Defendant did not affect the conclusion of the judgment; (c) the Defendant testified favorable to E in the position of employee E who is the president of the hospital; (d) there are some circumstances to consider the background of the crime; (c) the Defendant appears to have retired from the hospital in this case; (d) there are no particular criminal punishment other than a fine once due to this type of crime; (e) the Defendant’s age, character and conduct, occupation, intelligence and environment; (e) the means and consequence of the instant crime; (f) the means and consequence of the instant crime; (c) the circumstances after the crime; (d) criminal records; (e) the criminal records; (e) family relationship; and (e) the economic circumstances, etc.,

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, 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 a fine, and the choice of a fine;

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

1. There are many cases where the reason for sentencing of Article 334(1) of the Criminal Procedure Act is "judgment on the reason for appeal".

참조조문

유사 판례

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