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(영문) 부산지방법원 2013.04.04 2012노3913
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution and eight hours of community service in six months of imprisonment) of the lower court is too unreasonable;

2. The judgment of the court below committed perjury for friendship who was prosecuted for and tried for the crime of injury, and led to the confession of the facts charged in this case before the judgment of the case became final and conclusive. However, perjury is an offense undermining the judicial function of the State and undermining the discovery of substantial truth, and the community service hours imposed by the court below are not so much likely to hamper the maintenance of the livelihood of the defendant's family. Considering the motive and circumstance of the crime in this case, the defendant's age, character and conduct, and environment, the punishment imposed by the court below is too heavy.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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