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(영문) 제주지방법원 2016.06.16 2015노793
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant appears to have committed the instant crime while recognizing it, and the Defendant has no record of criminal punishment prior to the instant crime, etc., favorable to the Defendant.

However, perjury is an unfavorable circumstance to the defendant, such as the fact that it is highly likely to be criticized as a crime interfering with the judicial action of the country because it is difficult to discover the substantial truth of the judicial agency, and that the defendant's false testimony seems to have affected the result of the first trial decision of the criminal case against E

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant records and trial process, including the circumstances after the crime was committed, the sentence imposed by the lower court shall not be deemed to have exceeded the reasonable scope of discretion or to be unfair because it was too excessive.

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

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