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(영문) 울산지방법원 2018.04.13 2018노198
위증
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment against the Defendant on the summary of the grounds for appeal (three months of imprisonment) is too unreasonable because it is too unreasonable (the Defendant, after the conclusion of the pleadings, submitted a rebuttal on April 3, 2018, at the time, to the effect that, in the process of concluding a fighting between C and F, he/she did not have a mind because he/she was unable to be boomed, and thus confusion in his/her memory was erroneously stated because he/she did not appear, but did not intentionally prove it. However, the foregoing argument cannot be a legitimate ground for appeal as it was asserted after the deadline for submitting the written reason for appeal has expired, and ex officio examination is conducted by the Defendant that he/she

In light of the fact that C had repeatedly stated that he had not been able to the end at the time, and that the Defendant led to a confession of all the crimes of this case in the situation where C had been supported by the counsel at the court of original instance, the above argument is without merit, since the Defendant intentionally admitted the facts of perjury, the Defendant’s perjury does not seem to have had a significant impact on the Defendant’s belief as a result of the trial of the case in question, and the Defendant is the first offender, and all of his mistake is recognized, and the Defendant’s social relationship is relatively clear, such as the Defendant’s desire to have a preference against the Defendant.

However, the perjury in a criminal trial is a serious crime that impedes the discovery of substantial truth by the court, brings disturbance to the judicial action, and obstructs the operation of the normal judicial system, and the contents of the perjury in this case are not insignificant, and the process of perjury is relatively active. In addition, there are circumstances unfavorable to the defendant, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, circumstances after the crime, and judgment of the court below.

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