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(영문) 인천지방법원 2018.02.21 2017노4799
위증교사
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of perjury requires strict punishment for a crime that may undermine the discovery of substantial truth, and thus undermine trust in the national judicial system, and in light of the unfavorable circumstances, such as the Defendant’s receipt of money from the joint Defendant A in return for perjury and the nature of the crime is not good. Although the Defendant made a statement during the same examination process of witness examination, it is reasonable to sentence the Defendant to a sentence.

However, the favorable circumstances such as the defendant has no record of punishment due to the same crime, there is no record of punishment exceeding the fine, and the defendant confessions the crime of this case and repents his mistake should be considered in determining the punishment for the defendant.

In full view of all the sentencing factors indicated in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive and means of crime, consequence, etc., the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to the Defendant’s liability, and its punishment is too weak or unreasonable.

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

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